The War in Ukraine Raises Questions About Patents for Secret Inventions

Abstract Patent information must, in certain circumstances, be prevented from being made available to the public for reasons of national security. This policy imperative deviates conventional approach under patent law, which emphasises a bargain with society whereby rights are granted return disclosure invention and communication public. How best achieve balance between keeping an secret security will depend on circumstances that may well change rapidly. The stronger threat security, more tends lean toward inventions secret. war Ukraine brings this sharply into focus. opinion undertakes historical analysis law approaches key countries analyses current arrangements protection Ukraine. concludes should consider long-term implications patented when finally comes end, having regard potentially negative consequences future innovation. also recommends provides reasonable compensation proprietors, taking account economic losses associated fact secrecy orders prevent commercialisation otherwise lucrative inventions.