(1) Where a patent is sought for an invention which constitutes a state secret (section 93 of the Criminal Code), the examining section orders ex officio that no publication at all be made. The competent highest federal authority is to be consulted before the order is issued. It may apply for the issue of an order.
(2) The examining section, ex officio or upon the request of the competent highest federal authority, the applicant or proprietor of the patent, cancels an order issued in accordance with subsection (1) if its preconditions have ceased to exist. The examining section examines, at yearly intervals, whether the preconditions for the issuing of the order under subsection (1) still exist. The competent highest federal authority is to be consulted before the order issued under subsection (1) is cancelled.
(3) The examining section informs the parties if no appeal is lodged within the time limit for the filing of an appeal (section 73 (2)) from a decision of the examining section refusing a request for the issue of an order under subsection (1) or cancelling an order under subsection (1).
(4) Subsections (1) to (3) apply accordingly to an invention which is kept secret by a foreign state for defence reasons and is entrusted to the Federal Government, with its consent, on condition that it be kept secret.