How does the USPTO ensure that applications are cleared from secrecy review before issuance?

The USPTO has a specific process to ensure that all applications are cleared from secrecy review before they are issued as patents. According to the MPEP:

All applications are required to be cleared from secrecy review before forwarding to issue. If the L&R code on the general information display does not equal 1, then in an IFW application, a message should be sent to LREVINCOMINGDOCS.

The USPTO uses a system called the Patent Data Portal (PDP) to track the status of applications:

The Patent Data Portal (PDP) System’s general information display discloses the current Licensing and Review status. The indicator “L&R code” displays the current status of the application while the indicators “Third Level Review” and “Secrecy Order” display the historical status of the application.

Specific codes are used to indicate the status of an application:

• An L&R code of “3” or a “Third Level Review” of “Yes” indicates that the application is/has been considered for security screening.
• A Secrecy Code of “4” indicates that the application is currently under Secrecy Order.

If an application is under Secrecy Order, special handling is required:

In this case, the application has been converted to a paper application file and there should be no images maintained in the Image File Wrapper system (IFW).

This process ensures that no application is issued as a patent until it has been fully cleared from secrecy review, protecting sensitive information and national security interests.

For more information on patent issuance, visit: patent issuance.

For more information on USPTO procedures, visit: USPTO procedures.