What happens to patent applications under secrecy orders in interference proceedings?
Patent applications under secrecy orders are treated differently in interference proceedings. According to MPEP 2306:
“An interference will not be declared involving a national application under secrecy order. An applicant whose application is under secrecy order may suggest an interference (§ 41.202(a) of this title), but the Office will not act on the request while the application remains under a secrecy order.”
This means that while an applicant can suggest an interference, the USPTO will not proceed with declaring one until the secrecy order is lifted. This is primarily due to the confidential nature of applications under secrecy orders and the need to maintain their secrecy.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2306 - Secrecy Order Cases,
Patent Law,
Patent Procedure