Patent applications are normally published, and the
information in them made publicly available, eighteen months from
the earliest priority date. However, the patent system in Australia
empowers the Government to deem a patent as SECRET, in which case
publication of any of the details of the patent is prohibited until
such time as the 'prohibition order' is
rescinded.
In Australia, the Commissioner of Patents can order the
prohibition of publication of all information in relation to a
patent application and from that point IP Australia will not make
any information about the filing public. The mechanism for invoking
the order can vary; typically the Department of Defence will make a
request to impose a prohibition order in respect of a particular
patent application. Alternatively, IP Australia may consider that a
patent application discloses information that may be SECRET
according to the Department of Defence information classification
system. IP Australia will then
