Secrecy
Patents and utility models granted for inventions constituting State secrets
Patent or utility model applications relating, for example, to the following fields of technology:
- military and armament technology
- nuclear technology
- secret communication
may contain State secrets. In that case, these inventions are subject to so-called "secrecy". This might apply, above all, to applications filed by companies and private or public research institutions.
Security procedure
All patent and utility model applications received at the DPMA which relate to specific classes of the International Patent Classification (IPC) are forwarded, at first, to office 99, where IP applications that need not be kept secret are filtered out in a procedure involving several steps. The DPMA cooperates with other federal agencies such as the Federal Ministry of Defence and the Federal Ministry of Economics and Technology. Applications that have been found not to require secrecy undergo the regular processing procedure.
If an application needs to be kept secret, the DPMA issues a secrecy order, after hearing the applicant. Every year, the DPMA examines if secrecy of IP rights or IP applications needs to be maintained or if it can be lifted. If secrecy can be lifted, a patent specification will be published.
Effects of the secrecy order
If an order to keep a patent application secret has been issued, the patent application will not be published. After grant, secret patents are recorded in a special register and are not published. Furthermore, file inspection of secret patents can only be granted under certain conditions.
The applicant, too, is not authorised to publish his invention. Commercial exploitation by the applicant is subject to certain conditions. In this respect, particular care is required since infringements of the obligation to keep the invention secret may constitute a criminal act.
- Please see the FAQs for more information on the topic of protection of State secrets.
Spies are always active - Notice of the secrecy protection officer on increased espionage activities
t is an error to assume that Germany is no longer threatened by espionage due to the breakdown of the Soviet bloc. Quite the contrary: German enterprises and research institutions face tougher global competition due to their efficiency and the high scientific standard. Foreign intelligence services are not only interested in political projects but have increasingly sought information on new technological developments and manufacturing processes at a massive scale in recent years.
You work at an enterprise, a law firm or a public authority and deal with innovative technologies before these are made available to the public? Then you should handle information entrusted to you very carefully and treat it as confidential. Be careful not to be secretly observed. Every-day technical appliances such as motion detectors, desk calculators, car keys, smoke detectors, remote controls, watches, chain pendants and speakerphones might be used as observation devices. More detailed information on this issue is provided, for example, by the Länder offices for the protection of the constitution (Landesämter für Verfassungsschutz).
Links
- Bundesamt für Sicherheit in der Informationstechnik (BSI)
- Bundesamt für Verfassungsschutz allgemein
- Bundesamt für Verfassungsschutz Wirtschaftsspionage
- Bayerisches Landesamt für Verfassungsschutz Wirtschaftsspionage
- Bundesministerium für Wirtschaft und Technologie Geheim- und Sabotageschutz
- Auswärtiges Amt Reise- und Sicherheitshinweise
© 2013 Deutsches Patent- und Markenamt | Last updated 13/05/13