State secrets

(1) Where a utility model is applied for whose subject matter is a state secret (section 93 of the Criminal Code), the examination section competent for the order under section 50 of the Patent Act shall order of its own motion that the disclosure (section 8(5)) and the publication in the Patent Gazette (section 8(3)) are not made. The competent supreme Federal authority must be heard before the order is made. It may apply for the order to be issued. The utility model must be entered in a special register.
(2) In other respects, the provisions of section 31(5), section 50(2) to (4), and sections 51 to 56 of the Patent Act apply accordingly. The examination section competent under paragraph 1 is also competent for the decisions to be taken by accordingly applying section 50(2) of the Patent Act, and for the acts to be carried out by accordingly applying section 50(3) and section 53(2) of the Patent Act.