Proposal for new defence inventions act submitted to Parliament

The government on Thursday submitted a proposal for an act on safeguarding the secrecy of defence inventions to Parliament, said the Ministry of Economic Affairs and Employment in a press release.

The purpose of the act is to ensure the secrecy of inventions for which patent applications have been filed where such secrecy is necessary for national defence.

The new act would replace the current Act on Inventions of Importance to the Defence of the Country. The act would apply to inventions that primarily relate to products subject to national export control.

“Finland’s defence industry is growing rapidly and a great deal of development, innovation and patenting is going on in the defence sector. It may be necessary to protect defence-related inventions from public disclosure. Under this act, inventions that are important for national defence could be kept secret. Even though the secrecy obligation may limit inventors’ rights, the act will offer more opportunities for Finnish companies to participate in NATO projects,” said Minister of Economic Affairs Sakari Puisto in the press release.

Under the new act, a defence invention could be ordered to be kept secret without being expropriated by the State. Ownership would remain with the holder of the invention, who could, under certain conditions, also apply for a patent in other NATO member states.

A secrecy decision would restrict the patent applicant’s right to exploit the invention freely.

However, from the perspective of property rights, this restriction would be less intrusive than expropriation under the current Act.

A secrecy decision would be valid for a maximum of one year at a time. The holder of the invention would receive full compensation for any financial losses likely to result from the secrecy decision.

The act would apply in normal conditions and would only safeguard the rights necessary for the State during peacetime.

The proposed act is scheduled to enter into force on 1 June 2027.