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National Security could include significant and or expensive health impacts that would degrade the performance of a nation in decision making, resources, and economy.
If the form of epilepsy mentioned above is sufficiently prevalent and is becoming more prevalent, this could be an example of a national security item and a more efficient form of testing would have to be made available. In this case, a non negotiable royalty, if it has to be that way, could be paid to the patent holder.
This is only something I am aware of and needs to be looked into further content wise and scopewise.
That is the problem, not that some one uses the law as it was intended.