Non-Disclosure Measures for Patent Applications of Economic Security Technology - Focusing on the Non-Disclosure System for Patent Applications in Japan

In establishing the 6th Basic Plan for Science and Technology (2021.4.1-2026.3.31), Japan recognized the need for innovation in converging humanities and social sciences with science technology and revised the “Basic Act on Science and Technology” to the “Basic Act on Science and Technology and Innovation” and the “R&D Power Enhancement Act” to the “Act on Promotion of Science and Technology and Innovation Creation”. In its basic plan and important policies, goals such as the development of innovative technologies related to the convergence of cyber and physical spaces are set. Even though the purpose of developing such innovative technologies is set, in order to strongly promote the R&D and patent protection policy of high-tech (specific important technologies) that can be used maliciously in international disputes or cyber terrorism, etc., the “Economic Security Promotion Act” has been enacted and implemented as a separate legislation. The Act stipulates R&D policies for securing specific critical materials and specific critical technologies to protect national security and public safety and the system that allows patent applications to be non-disclosed was introduced and implemented on May 1, 2024 in cases where patent applications of research results could harm Japan's economic security and public stability. It is necessary to reflect it in Korea's technical security policy through in-depth analysis and review of the law relating to measures to secure specific important materials, research and development and research funding policy of specific critical technologies, and the Non-Disclosure System of Patent Applications of research results thereof. In particular, by analyzing in-depth the purpose and intention of the Japanese government to strongly promote it by separately legislating it, not by ordinary legislation, it is necessary to refer to the research and development related to national security in Korea and the patent protection policy of the research results. In particular, it is necessary to analyze in-depth the purpose and intention of the Japanese government to promote it separately, not by ordinary legislation, and refer to Korea's national security-related research and development and patent protection policies of its research results.