In the PCT Newsletter No 5/2006, reference is made to a new footnote to be added to the PCT Applicant’s Guide (Annex B1, Israel) that clarfies that direct filings of PCT applications with the International Bureau in Geneva are under the same restrictions regarding National Security as applications filed with the Israel Patent Office as the PCT Receiving Office.
Under Section 94 of the Law, security related patent applications must either get written authorization from the Israel Minister of Defense in advance of foreign filing, or, must be filed in Israel, and only after six months from filing, in absence of an order from the Minister of Defense may be filed abroad.
Although the Israel Patent Office notifies the Minstry of Defense about many weapons related patent applications, only very few are subject to foreign filing restrictions beyond the six month period.
