How does a secrecy order affect an international application under the PCT?
A secrecy order can have significant implications for an international application filed under the Patent Cooperation Treaty (PCT). According to MPEP 1832:
“If a secrecy order is applied to an international application, the application will not be forwarded to the International Bureau as long as the secrecy order remains in effect (PCT Article 27(8) and 35 U.S.C. 368).”
The consequences of a secrecy order on a PCT application include:
- The application will not be sent to the International Bureau while the secrecy order is in effect.
- If the secrecy order remains in effect, the international application will be declared withdrawn (abandoned) because the Record Copy was not received in time by the International Bureau.
- However, it is possible to prevent abandonment as to the United States of America if it has been designated, by fulfilling the requirements of 35 U.S.C. 371(c).
This highlights the importance of addressing any potential secrecy order issues promptly to avoid the risk of application abandonment in international jurisdictions.
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