IPA patent 5.6.14.2-applications-concerning-defence-of-the-commonwealth — IP Australia Patent Manual of Practice and Procedure – 5.6.14.2 Applications Concerning Defence of the Commonwealth

Also in this Chapter: 5.6.14.1 Effect of Prohibition Orders 5.6.14.3 Applications concerning ‘Associated Technology’ Patents Act: s173 Prohibition of publication of information about inventions ​​​​​​​ Defence and Strategic Goods List Treatment of applications relating the defence of the Commonwealth If it is determined during initial processing that the subject matter of the application is directed to DGSL technology or clearly concerns matter derived from work undertaken for or in collaboration with the Department of Defence. The application will then be referred to the appropriate body within the Department of Defence for consideration. If Defence advises that the material contained in the application should be assigned a classification above that of “unclassified” then the Commissioner will issue a prohibition order under the provisions of s173 of the Act. Particular care needs to be taken with applications that may fall on Catefory 0 – Nuclear materials, facilities and equipment of the DGSL. Such applications may require a prohibition order in view of the Defence Trade Control Act 2012 even where a certificate as to associated technology has not been issued under s147 of the Act (see 5.6.14.3 Applications concerning ‘Associated Technology’ (Chapter 15 Applications) ). Applications directed to DSGL technology, or the like, may include security classified information. Unauthorised supply or disclosure of such classified information may impact national security and subsequently constitute a criminal offence. For further information on partnering or dealing with the Department of Defence, including various security obligations, please consult the following websites: Department of Defence Defence Science and Technology Group and Australian Defence Export Office