Preserving Secrecy within the Patent System to Safeguard Western Countries’ Technological Innovation

Abstract

Russia’s aggression in Ukraine has brought patent-policy debates into sharp focus with regard to secrecy. Russian violations of international and multilateral agreements on intellectual property have drawn significant attention and highlighted potential risks pertaining to safeguarding of technological innovation by Western countries, not least European Union member states. Against this backdrop, the article reflects on the secret-invention regulations in place and opportunities to keep an invention secret under European patent law. While the concept of a secret invention may appear contradictory to the patent system’s primary aim – disclosure – secret patents are nothing new in the history of patenting. The paper presents a recommendation to expand the scope of secrecy in current patent law, thereby allowing Western countries to implement sufficient counter-measures in response to adversaries’ flouting of international intellectual-property law. The article directs particular attention to expansion of this secrecy’s scope to the technical description of a patent application involving dual-use inventions.