“In the public domain” is defined as "available without restriction upon further dissemination (no account being taken of restrictions arising solely from copyright)” by the Export Control Order 2008.

For something to be in the public domain it must be freely available, e.g., in a book, on a website, at an exhibition, etc. It is not in the public domain if:

• It needs to be bought from a supplier who controls the supply;

• It needs to be registered for;

• Where access is restricted to certain persons; or

• Where it is subject to MoD or other Government security classifications (commercially confidential information, Official Secrets Act, etc).

Material placed in the public domain in contravention of a statutory prohibition (e.g. classified material), is not covered by this exemption. You cannot use this exemption to publish controlled technology or software with the intention to circumvent Export Controls. This would be a criminal offence.

“Basic scientific research” is defined as “experimental or theoretical work undertaken principally to acquire knowledge of the fundamental principles or phenomena or observable facts and not primarily directed towards a specific practical aim or objective” (Article 18(3) of the Export Control Order 2008).

This would applies only to the most early-stage fundamental work. Applied research and collaborations with commercial entities are usually not covered by this exemption.

In the case of dual-use technology, except for any items controlled under Category 0 (Nuclear materials, facilities and equipment) of the Dual-use items list, Export Controls do not apply to the minimum technical information required to support a patent application.