Can the government confiscate an invention?
Third section: proceedings before the patent office
Section 50 Invention as a state secret
(1) 1If a patent is sought for an invention that is a state secret (Section 93 of the Criminal Code), the examining body orders ex officio that no publication be made. 2The competent highest federal authority is to be heard before the order. 3It can apply for an order to be issued.
(2) 1The examining body cancels an order according to paragraph 1 ex officio or at the request of the competent highest federal authority, the applicant or the patent holder, if the prerequisites are no longer applicable. 2The examination office checks at annual intervals whether the requirements of the order according to paragraph 1 continue to exist. 3Before an order under paragraph 1 is revoked, the competent highest federal authority is to be heard.
(3) The examination board shall notify the parties involved if, within the time limit for appeal (Section 73 (2)), no decision has been taken by the examination board to reject an application to issue an order in accordance with paragraph 1 or to cancel an order in accordance with paragraph 1 Complaint has been received.
(4) Paragraphs 1 to 3 shall apply mutatis mutandis to an invention which has been kept secret by a foreign state for reasons of defense and which has been entrusted to the Federal Government with its consent on the condition that it is kept confidential.
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