Can an applicant suggest an interference for an application under a secrecy order?

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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. Yes, an applicant can suggest an interference for an application under a secrecy order, but the USPTO will not act on it immediately. According to MPEP 2306 : “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 the suggestion can be made, the USPTO will defer any action on the interference until the secrecy order is lifted. This policy is in place to maintain the confidentiality of applications under secrecy orders while still allowing applicants to assert their potential interference claims. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Interfering Claims Between Applications Under Secrecy Orders MPEP 2306 Recommended Interference Not Suggested for Secrecy Order Cases 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 Transistor Claim Must Be Disclosed In Commercial Context MPEP 2306 Transistor Claim for Missile Circuit Under Secrecy Order MPEP 2306 PTAB Members Designated for Interference Proceedings Determining Priority and Patentability MPEP 1002.02(f) PTAB Handles Requests for Interference and Derivation Records MPEP 103 Other Related FAQs 5 FAQs Collapse What happens when a secrecy order expires or is rescinded?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 proceedings? How does the USPTO handl...