Protection of Military Inventions: New Expert Article Published in RüSiR

How can military inventions be effectively protected without disclosing security-sensitive information? Our partner Markus von Fuchs addresses this question in his expert article, “The Protection of Military Inventions through Secrecy During Development, Commercialization and Infringement Proceedings”, published in the latest issue of RüSiR – Journal for Defence, Homeland Security, Cyber & Space.

Against the backdrop of an evolving security landscape and the growing importance of dual-use technologies, the article examines the challenges of protecting military innovations. It explains why traditional patent strategies do not always provide adequate protection in the defence sector and explores the role of secret patents and trade secret protection. The article also discusses how technological developments – particularly in the fields of drone and cyber technologies – influence the choice of appropriate protection strategies.

Another key focus is the legal framework governing secret patents under German law. The article outlines the requirements for classifying an invention as a secret patent, the procedures before the German Patent and Trade Mark Office (DPMA), and the legal implications of secrecy orders. It also examines the impact on patent infringement proceedings, security clearance requirements, and the commercial exploitation and licensing of security-relevant technologies.

Finally, the article demonstrates that the choice between patent protection and confidentiality has become an increasingly strategic decision. Particularly for technologies with short innovation cycles or significant security relevance, a multi-layered protection strategy – combining technical intellectual property rights with a robust confidentiality framework consisting of technical, organisational and contractual measures – may provide the most effective means of safeguarding innovation over the long term.

You can download the full article as a PDF here.