Why are interferences not declared for applications under secrecy orders?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Interferences are not declared for applications under secrecy orders primarily due to confidentiality concerns. The MPEP 2306 explains: “Once an interference is declared, an opposing party is entitled to access to the application and benefit applications pursuant to 37 CFR 41.109. See MPEP § 2307.02. Consequently, an interference should not be suggested for an application under a secrecy order.” This policy is in place to protect the confidential nature of applications under secrecy orders. Declaring an interference would require disclosure of the application’s contents to other parties, which would violate the secrecy order. Therefore, the USPTO refrains from declaring interferences for such applications to maintain their confidentiality. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Interference Not Suggested for Secrecy Order Cases MPEP 2306 Recommended Interfering Claims Between Applications Under Secrecy Orders MPEP 2306 Recommended Interference May Be Reconsidered After Secrecy Order Expiration MPEP 2306 Permitted Secrecy Order for Missile Control Circuit Transistor MPEP 2306 Interference Suggested After Secrecy Lifted MPEP 2306 Permitted Transistor Claim Allowance Requires Issue of Application L MPEP 2306 Recommended PTAB Handles Requests for Interference and Derivation Records MPEP 103 Transistor Claim Must Be Disclosed In Commercial Context MPEP 2306 Transistor Claim for Missile Circuit Under Secrecy Order MPEP 2306 Access to Patent Applications Except PTAB Proceedings MPEP 1002.02(b) Other Related FAQs 5 FAQs Collapse What happens when a secrecy order expires or is rescinded? What happens to patent applications under secrecy orders in interference pr...