Secret inventions: application examination problems

The paper examines the economic and legal problems of patent and innovation activity in the defense sector. Based on the indicators and legal framework of IP5 – the largest intellectual property offices in the world (USA, EPO, China, Japan, South Korea), the status, trends in regulation and features of the examination of applications for secret inventions and utility models (conflicting applications, secret prior art, secret use) in different jurisdictions are shown. The role of patent examination of applications for secret inventions is growing. Leading IP offices in the world, in particular IP5 countries, are responding to this by making changes to patent legislation, revising the rules for conducting the examination of applications for secret inventions using digital tools and AI. The procedure for forming the Compendium of Information Constituting a State Secret is analyzed, problematic issues in this area are identified, and proposals for Ukraine to resolve them are made. It is concluded that the procedure for forming the Summary of Information, examination of the classification of information categories as state secrets, the degree of its secrecy, and decision-making should be changed by transferring these powers to the National Security and Defense Council of Ukraine on the basis of collegial review using a single methodology for determining potential harm to public interests protected by the state in the information sphere that may occur as a result of the disclosure of information or the loss of material media constituting a state secret.