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Scenarios - Patented Information

Key Concepts

Supply - when controlled technology, or access to that technology, is provided to users located outside of Australia.

Publication - when controlled technology is placed it in the public domain.

Pre-publication - activities, such as supplying a draft publication to a publisher or a peer reviewer, that support the pubication process.

Export - sending goods and/or technology from Australia to a place outside of Australia.

As a first step, it is important to understand whether the goods or technologies you are using actually trigger control thresholds. You can self-assess using the Online DSGL Tool on the DEC website.

The list of controlled goods and technologies (the Defence and Strategic Goods List) is split into two parts:

Part 1 lists munitions (or military) items. These items are more tightly controlled.

Part 2 lists dual-use items; that is, items that may be used for commercial purposes, but may be used in military systems or for weapon of mass destruction purposes.

Patented Information

Scenario One - Exporting patented information

Is the export of patented information fully disclosed on the public record subject to export controls?

No. As this information is already on the public record, it is considered in the public domain and is not subject to export controls.

Scenario Two - Patent Cooperation Treaty

I have an invention that can be related to a DSGL technology (Part 1). I lodged a patent application in Australia, which will not be made public. One year later, the patent will go to the Patent Cooperation Treaty phase when the patent will be published. What procedures need to follow in going into the Patent Cooperation Treaty phase?

Information provided as part of a patent application is exempt from export controls. This includes any application submitted as part of the Patent Cooperation Treaty process. Once patent information is published in the public domain, it is no longer subject to export controls.