Inventions of importance to defence

An invention of importance to defence may be of significance to the defence of the realm, for example, being related to defence equipment.

In some cases, it may be decided that a patent application or patent shall be kept secret under the Act on Inventions of Importance to the Defence of the Realm.

If such a decision is made, special rules apply to the further processing and handling of the case.

The Act on Inventions of Importance to the Defence of the Realm regulates how inventions important to national security shall be handled. The Act may apply even if you do not apply for a patent. It may, among other things, come into effect when

• the invention is made in Norway
• a patent application has been filed for the invention in Norway
• the invention is owned or exploited by persons or businesses connected to Norway

A separate regulation specifies which types of equipment and inventions are covered by the Act. There are also special rules on which authorities are responsible under the Act and how the responsibility can be delegated.

You submit the patent application to us as a regular application. We process the application according to the usual rules of the Patent Act.

Together with relevant authorities, we assess whether the invention needs to be followed up separately for reasons of national security. This also applies to dual-use technology, i.e., solutions developed for civilian purposes but which may also have defense-related applications. Sensitive information is handled securely and confidentially.

If it is decided that the invention is covered by the Act on Inventions of Importance to the Defence of the Realm, neither the application nor any resulting patent will be publicly available.

This may also limit your ability to apply for a patent in other countries.

We will inform you if this becomes relevant.

To get solutions from innovation to application faster, especially in a defence context, it is often a good strategy to protect what is developed. This applies not only to inventions. Designs and trademarks may also be relevant. Without clear ownership and protection, others may exploit or imitate the solutions.