What happens to a patent application when a Secrecy Order is imposed?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 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. When a Secrecy Order is imposed on a patent application, it is examined in a secure location by examiners with national security clearances under the control of Licensing and Review. If the Secrecy Order is imposed after the application is already docketed in another Technology Center, it will be transferred to a designated examiner in Licensing and Review. As stated in MPEP 130, “Secrecy Order cases are examined for patentability as in other cases, but will not be passed to issue; nor will an interference or derivation be instituted where one or more of the conflicting cases is classified or under Secrecy Order.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patentability Examination for Secrecy Order Cases MPEP 130 Secrecy Order Required for National Security Marked Patents MPEP 130 Required Declassified Patent Application Required MPEP 130 Appeal Hearing Waits Until Secrecy Order Removed MPEP 130 Required Amendments Not Processed Until Secrecy Order Rescinded MPEP 130 Notice of Allowability Closes Prosecution MPEP 130 Amendments Must Be Free From Objection MPEP 130 Access to Patent Applications Except PTAB Proceedings MPEP 1002.02(b) Access to Firm's Patent Applications for Registered Members with Signatory Power MPEP 104 Required Director Can Review Specific Petitions and Designate Cases MPEP 1001.01 Required Other Related FAQs 5 FAQs Collapse How are applications with Secrecy Orders examined? Can a patent application under a Secrecy Order be issued or involved in an interference? What happens when a Secrecy Order case is in condition for allowance? How are amendments handled in Secrecy Order cases? What should an examiner do if they encounter an applicati...