TABLE OF CONTENTS The UK government has the right to restrict the publication of patent applications relating to the defence of the realm or the safety of the public, if it considers that such publication would be prejudicial.
The system is that the patent office scans each patent specification for indicative words (e.g. bomb, missile) and if such a word is found, notifies the applicant that publication of the information or its communication to a third party in any way is prohibited. The office also notifies the relevant secretary of state.
The list of words to identify inventions considered likely to be a security risk is used by clerical staff, not technical staff. This means that a prohibition order can be attached inadvertently, for example, if one refers to an object for underwater use as a submarine device .
If the contents of the specification relate to atomic energy, the UKAEA has the right to receive the information directly from the patent office to review it. In all other technical areas, before the application reaches the date of 18 months after its priority date at which publication of the application would otherwise take place, the secretary of state can see a specification only if the applicant gives permission. It is advisable to do so as otherwise there is no possibility of the prohibition order being removed quickly.
Most orders are lifted on inspection of the specification by the appropriate government department. If, however, the order is kept in force, the application...
