Protection of strategic inventions is critical to national security
Calculate the quote
Pablo Lo Monaco
Intellectual property in the military field is a rarely discussed topic. Yet, military patents play a crucial role in national security and technological innovation. Some strategic inventions are kept secret or even expropriated by the State, while others—such as GPS, the Internet, and radar—have followed the opposite path, becoming civilian tools with global impact. But how does patent protection work in the military? What are the risks for those who develop sensitive technologies? And why are some patents, such as those related to firearms or nuclear technologies, kept hidden for years? This article explores the delicate balance between innovation, secrecy, and geopolitics by analyzing the legal and economic implications of military patents and their effect on society and international relations.
Invention patents and utility model patents are key elements of national security, as they protect technological innovations developed for defense purposes. However, not all inventions with military applications have a warfare-related purpose: many also have strategic value in civilian or industrial contexts.
Unlike civilian patents—which encourage research and, once protection expires, promote the spread of knowledge—military patents are often subject to State secrecy to prevent sensitive information from falling into hostile hands. Their management is entrusted to government agencies and armed forces, which evaluate each case based on national security relevance.
This balance between innovation protection and secrecy is also enshrined in legislation. Article 74 of the Italian Industrial Property Code provides that patents held by the military administration or covered by secrecy are not subject to compulsory licensing. This is an essential measure to ensure the exclusive control of sensitive technologies by the competent authorities.
The State has specific tools to control inventions deemed relevant to national defense. Among these, secrecy and expropriation are two essential measures that make it possible to protect and, when necessary, acquire strategic patents, preventing unauthorized dissemination.
Secrecy, governed by Article 198 of the Italian Industrial Property Code, allows for the deferral of publication of patent applications for inventions, utility models, or topographies potentially useful for national defense. During the secrecy period, only authorized parties may access the information, thus preventing the risk of industrial or military espionage. The Ministry of Defense assesses the potential impact of the invention and, if deemed sensitive, may request the deferral of the patent grant for up to three years. During this period, the applicant is obligated to maintain confidentiality regarding the invention. Violation of this duty is subject to serious penalties, including fines and, in severe cases, imprisonment (Article 262 of the Italian Penal Code).
A key point is that secrecy also applies to patent applications filed abroad, if they concern strategic technologies. The Ministry of Defense may request the secrecy of patents already subject to similar restrictions in other countries, ensuring international control of the invention.
If a patent is considered essential for national security, the State may exercise its right of expropriation, provided by Article 141 of the Italian Industrial Property Code. Expropriation may take two forms: total, involving full transfer of patent ownership to the State; or partial, in which the State is granted only the right to use the patent for public purposes, while the private holder retains ownership. In the defense sector, the State may also apply for patent protection abroad, ensuring exclusive control of the technology at an international level.
In both secrecy and expropriation cases, the patent holder is entitled to compensation, aimed at balancing public interest with private rights. If publication is deferred beyond eight months, the inventor may receive compensation proportional to the value of the patent. Although these measures limit the availability of inventions in the private sector, they are essential to ensure that strategic technologies remain under State control, preventing them from being exploited by unauthorized parties or foreign powers.
While it’s obviously difficult to identify specific examples of patents subjected to secrecy or expropriation, it is easier to trace the history of technologies originally developed for military purposes and later adapted for civilian use. The Global Positioning System (GPS) is one of the most notable examples.
GPS was developed to replace the Transit navigation system used by the U.S. Navy since the 1960s. The project began in 1973 under the U.S. Department of Defense to create a more accurate and reliable satellite navigation system, incorporating concepts from earlier classified programs. The system became fully operational in 1994, initially with 24 satellites, now expanded to 31 active satellites.
Although GPS was born as a military technology, it became accessible to civilians in 1991 when the United States launched the Standard Positioning System (SPS), a downgraded version of the Precision Positioning System (PPS), reserved for military use. The civilian signal was intentionally less accurate due to Selective Availability (SA), which introduced artificial errors, limiting accuracy to around 900 meters. Only in May 2000, thanks to an executive order by President Bill Clinton, was SA disabled, improving civilian GPS accuracy to 10–20 meters and enabling revolutionary applications in navigation, geolocation, and transport management.
This transition from military to civilian use had a tremendous economic impact, facilitating the integration of GPS into cars, smartphones, precision agriculture, logistics, and emergency services. Moreover, GPS has contributed to the development of sectors such as artificial intelligence, robotics, and autonomous driving, demonstrating how a war-related invention can become a key resource for modern society.
GPS is not the only example of “dual use” technology. The Internet, initially developed as a military project to ensure secure and resilient communication, has become the foundation of the global digital economy.
Radar, designed for detecting enemy aircraft, is now used in meteorology, maritime navigation, and air safety.
Similarly, drones, initially created for military surveillance, are now employed in photography, environmental monitoring, and transportation.
These examples show how innovations developed for national security can have profound effects on civilian sectors, generating new economic and technological opportunities. However, transferring these technologies must be carefully managed: the dissemination of sensitive innovations can pose national security risks, which is why dual use patents are often subject to export controls and restrictions. Without adequate regulation, there is a risk that such technologies may fall into the wrong hands, with possible implications for global security.
The silence surrounding military patents is not coincidental; it results from a mix of strategic, geopolitical, and cultural factors.
As seen above, institutional secrecy is essential to protect national interests and prevent information leaks that could jeopardize State security. In a world where technological innovation represents a commercial advantage, control over military inventions is a tool of geopolitical power and often attracts investment.
Some military inventions have become so influential that they have changed the course of history. One of the most tragically well-known examples is the atomic bomb, developed during the Manhattan Project in World War II.
The U.S. government classified all patents related to nuclear fission and, in 1946, through the Atomic Energy Act, decreed that all discoveries concerning atomic energy would be automatically owned by the State.
Some firearms have also become iconic. The Colt 1911, invented by John Browning, remains a benchmark among semi-automatic pistols and is still in use within NATO.
The AK-47 assault rifle, designed by Mikhail Kalashnikov and patented in the Soviet Union, is the most widely used firearm in the world. More recently, companies like Glock and Beretta have developed pistols with patented innovations used in both military contexts and by law enforcement.
On a geopolitical level, managing intellectual property in the military domain affects a country’s international standing. Possessing advanced technologies—often protected but undisclosed—can influence defense agreements, strategic alliances, and global power dynamics.
Some inventions are so sensitive that their mere existence could disrupt international equilibrium. For this reason, they are kept secret for years or never formally patented, to avoid disclosing critical information to geopolitical competitors.
Beyond strategic and political issues, the secrecy of military patents also has cultural and ethical implications. Innovation is generally perceived as a driver of progress and well-being—values often in contrast with the development of weapons technologies.
Openly discussing defense-related inventions can therefore trigger ethical and moral controversies, especially in contexts where technology is associated with civilian rather than warfare purposes. This explains why many innovations born in military contexts only become known when adapted for civilian use, as was the case with GPS, the Internet, and radar.
However, understanding the dynamics of military innovation is essential, particularly for those working in high-tech sectors. Anyone filing a patent application in a potentially defense-relevant field could see their invention subjected to secrecy or expropriation, bypassing the standard patent process. For these reasons, awareness of these mechanisms is crucial.
Pablo Lo Monaco
