What happens when a secrecy order expires or is rescinded?
When a secrecy order expires or is rescinded, the USPTO may reconsider the need for an interference. According to MPEP 2306:
“When a secrecy order expires or is rescinded, if the examination is otherwise completed in accordance with 37 CFR 41.102, then the need for an interference may be reconsidered.”
This means that once the secrecy order is no longer in effect, and if the examination of the application is complete, the USPTO will evaluate whether an interference proceeding is necessary. This allows for the normal patent examination and potential interference processes to resume once the need for secrecy has passed.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2306 - Secrecy Order Cases,
Patent Law,
Patent Procedure