5) National Security

Question 1

Section 22
National Security or Safety of Public

Answer 1

(1, 2) Any application first filed at the UKIPO is reviewed by the Comptroller to see if it is prejudicial to national security or public safety. If so, the Comptroller may restrict publication/communication of the subject matter of the application for up to three months after the normal publication date.

(3) While this prevention is in force, a UK application can be prosecuted up to grant but is then suspended at that point. For EP and PCT applications, however, the application is not even sent to the EPO and IB/ISA, respectively.

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(5) The Secretary of State is then notified, and he determines if publication/communication of the subject matter would prejudice national security or public safety and, if so, instructs the Comptroller to extend the three month period until instructed otherwise. He then reviews this decision within nine months of filing and every 12 months thereafter. If it no longer appears prejudicial, the Secretary of State informs the Comptroller, who lifts restrictions and provides any necessary extensions of time to complete prosecution.

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(8) The renewal fee is waived while the prevention is in force.

(9) Breaching the prevention could result in an unlimited fine or up to two years in prison.

Question 2

Section 23
Restrictions on Overseas Filings

Answer 2

(1) Overseas filings by a UK resident are not permitted without written permission of the Comptroller if subsection (1A) below applies, unless an application in respect of the same invention was filed in the UK six or more weeks ago and there is no prevention order under s22 or any such order has been revoked.

(1A) Restrictions apply if an application relates to military technology or contains information the publication of which would be prejudicial to national security or public safety.

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(3, 3A) Breaching the restriction could result in an unlimited fine or up to two years in prison, but only if the accused knew or was reckless with regard to the possibility that filing would contravene this section.

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