Innovating in quantum technology, semiconductor manufacturing, high temperature coatings, additive manufacturing machines & consumables or peptide synthesisers? Or more generally, innovating in artificial intelligence, advanced materials, nanotechnology, cybersecurity tools, satellite technologies, biotechnologies, quantum, aerospace or drones?
All of these technologies have dual-use potential, having both civilian and defence or military applications. Technologies originally developed for civilian applications may be subsequently exploited for defence or military applications. Alternatively, technologies may be developed via a ‘dual use by design’ approach, integrating dual-use directly into their development.
However, the business opportunities afforded by dual-use technologies are balanced by potentially onerous responsibilities.
Export, transit, brokering and technical assistance of dual-use technologies are controlled. For example, even sharing knowledge of a dual-use technology abroad may contravene export control, resulting in severe legal and/or financial penalties.
In the EU, Regulation (EU) 2021/821 governs the EU’s export control regime for dual-use technologies. In the UK, the Export Control Joint Unit (ECJU) administers the UK’s system of export controls and licensing for military and dual-use technologies, aligned with the EU’s export control regime. In Norway, the Norwegian Agency for Control and Sanctions (DEKSA) similarly administers Norway’s system of export controls for dual-use technologies, aligned with the EU’s export control regime. Norway’s Control List II specifically applies to dual-use technologies and may be more restrictive than the EU control list.
Importantly, assessment of whether a particular technology is subject to dual-use export control is made by the government and not by the innovator. However, it is important for the innovator to identify whether the particular technology has dual-use potential and must act accordingly.
Dual-use technologies are of increasing geopolitical importance, attracting significant investment.
Many critical technologies have dual-use potential and can serve strategic objectives related to competitiveness, resilience, defence and security.
(European Commission)
In the European Union (EU), the European Commission recognizes that Europe’s competitiveness, economic security and strategic autonomy rely on developing and deploying dual-use technologies. As a result, the European Innovation Council (EIC) and the forthcoming ScaleUp Europe Fund are investing in dual-use technologies. In the UK, Innovate UK, part of UK Research and Innovation (UKRI), is investing in dual-use technologies, including aviation systems & autonomy. In Norway, Innovation Norway is guiding and supporting investment in dual-use technologies, including space.
The importance of intellectual property (IP) protection of dual-use technologies is extensively recognised and highly valued. In this context, IP includes patents, trade secrets and licensing agreements, for example.
Intellectual property is the backbone of innovation and economic growth. With increasing geopolitical tensions and the risk of sensitive technologies being exploited abroad, the EU aims to:
(Horizon Europe)
UKRI is committed to maximising the contribution that intellectual and knowledge assets (including intellectual property), arising from research and innovation we fund, can make to supporting national security and defence, including through dual use.
(UK Research and Innovation, UKRI)
However, IP of dual-use technologies may itself be subject to regulation & export control, including a veto of disclosure. For example, patent applications for dual-use technologies must be assessed for reasons relating to national security and some of these patent applications may be subject to secrecy orders and not published, with explicit permission required to file abroad.
For this reason, IP protection of dual-use technologies requires particular considerations.
Patent applications for dual-use technologies are assessed for reasons relating to national security by national intellectual property offices (IPOs), such as the Deutsches Patent- und Markenamt (DPMA) or German Patent and Trade Mark Office, the UK Intellectual Property Office (UK IPO) or the Patentstyret or Norwegian Industrial Property Office (NIPO). Patent applications for dual-use technologies must generally be first filed at the appropriate national IPO. The appropriate national IPO is determined by the country in which the invention was made, the nationalities and/or residences of the inventors and/or the nationalities and/or residences of the applicants. For example, first filing a patent application for a dual-use technology abroad may contravene national security legislation, resulting in legal and/or financial penalties. First filing restrictions for many countries are summarised by the World Intellectual Property Office (WIPO). Where inventors have different nationalities, for example, the first filing restrictions for more than one country may apply.
Importantly, patent applications are not assessed for reasons relating to national security by the European Patent Office (EPO). Hence, patent applications for dual-use technologies must not be first-filed directly at the EPO, unless explicit permission to file abroad has been previously obtained or a secrecy order has been lifted. However, patent applications for dual-use technologies may be first-filed indirectly at the EPO, via the appropriate national intellectual property office for prior assessment before forwarding to the EPO.
Without adequate patent protection of dual-use technologies, innovators are vulnerable to exploitation by competitors while third party patent protection will also limit their access to global markets. However, complying with national security legislation is an essential pre-requisite for dual-use technologies.
Norwegian innovators must prioritise transforming their purposeful R&D of dual-use technologies into patent-protected assets, while complying with control restrictions. Investors should assess the potential exclusivity in markets of interest – and which markets are closed – cognisant of potential export limitations. IP managers must be vigilant of competing or adjacent technologies and associated patent protection while assessing dual-use potential. And leaders must hold patent protection as a primary consideration for dual-use technologies, while accountable for national security legislation.
Watch for: pivoting towards defence or military applications; action taken against third parties for failing to comply with national security legislation.
By understanding dual-use technologies in national and global contexts, innovators can enhance commercial value. Get in touch.
Regulation (EU) 2021/821:
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L:2021:206:FULL&from=EN
Export Control Joint Unit:
https://www.gov.uk/government/organisations/export-control-joint-unit
Norwegian Agency for Control and Sanctions:
https://deksa.no/en/export-control/do-you-need-a-licence/control-lists/
Control List II:
https://lovdata.no/static/SF/sf-20130619-0718-02-13.pdf?timestamp=1774221316365
European Commission:
https://research-and-innovation.ec.europa.eu/research-area/industrial-research-and-innovation/dual-use-technologies_en
Investment:
https://eic.ec.europa.eu/news/european-innovation-council-opens-defence-and-dual-use-technologies-2026-06-17_en
https://apply-for-innovation-funding.service.gov.uk/competition/2467/overview/3ac02a1d-68e5-460b-bddb-0ecacdabfb00
https://businessnorway.com/invest-in-norway/industries/defence-and-space
Horizon Europe:
https://horizoneuropencpportal.eu/news/new-eu-regulation-safeguarding-strategic-intellectual-property
UKRI:
https://www.ukri.org/manage-your-award/good-research-resource-hub/responsible-innovation/national-security-and-defence-research/
DPMA:
https://www.dpma.de/english/patents/application/index.html
UK IPO:
https://www.gov.uk/guidance/national-security-checks-on-patent-applications
NIPO:
https://www.patentstyret.no/en/patent/inventions-of-importance-to-defence
WIPO:
https://www.wipo.int/en/web/pct-system/texts/nat_sec
EPO:
https://www.epo.org/en