37 CFR § 5.5 — Permit to disclose or modification of secrecy (MPEP Coverage Index) – BlueIron IP
37 CFR § 5.5 Permit to disclose or modification of secrecy
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 5.5, including 47 rules 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.
Summary
This section outlines the types of Secrecy Orders for patent applications, including their scope and requirements for changing Power of Attorney. It covers the different types of orders, such as Type I for foreign filing in certain countries and Type II for disclosing classified information.
What this section covers
- Defines three types of Secrecy Orders: Type I for foreign filing in certain countries, Type II for disclosing classified information, and general Secrecy Orders.
- Explains the scope of each type of Secrecy Order, including identifying countries where corresponding patents can be filed.
Key obligations
- Understand and comply with the different types of Secrecy Orders, including Type I for foreign filing in certain countries.
- Inform the new attorney of the secrecy order when changing Power of Attorney for an application under a Secrecy Order.
- Ensure all disclosures comply with the specific requirements of each Secrecy Order type, including safeguarding subject matter under conditions that provide adequate protection.
Practice notes
- Complete all necessary forms and statements when requesting a Permit to disclose or modify the Secrecy Order.
- Avoid failing to inform the new attorney of the secrecy order when changing Power of Attorney, as it is a critical compliance obligation.
Official MPEP § 5.5 — Permit to disclose or modification of secrecy
Source: USPTOLast Modified: 10/30/2024 08:50:22
5.5 Permit to disclose or modification of secrecy order.
- (a) Consent to disclosure, or to the filing of an application abroad, as provided in 35 U.S.C. 182 , shall be made by a “permit” or “modification” of the secrecy order.
- (b) Petitions for a permit or modification must fully recite the reason or purpose for the proposed disclosure. Where any proposed disclose is known to be cleared by a defense agency to receive classified information, adequate explanation of such clearance should be made in the petition including the name of the agency or department granting the clearance and the date and degree thereof. The petition must be filed in duplicate.
- (c) In a petition for modification of a secrecy order to permit filing abroad, all countries in which it is proposed to file must be made known, as well as all attorneys, agents and others to whom the material will be consigned prior to being lodged in the foreign patent office. The petition should include a statement vouching for the loyalty and integrity of the proposed disclosees and where their clearance status in this or the foreign country is known all details should be given.
- (d) Consent to the disclosure of subject matter from one application under secrecy order may be deemed to be consent to the disclosure of common subject matter in other applications under secrecy order so long as the subject matter is not taken out of context in a manner disclosing material beyond the modification granted in the first application.
- (e) Organizations requiring consent for disclosure of applications under secrecy order to persons or organizations in connection with repeated routine operation may petition for such consent in the form of a general permit. To be successful such petitions must ordinarily recite the security clearance status of the disclosees as sufficient for the highest classification of material that may be involved.
[24 FR 10381, Dec. 22, 1959; paras. (b) and (e) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997]
- Correspondence Address
- Duty Of Disclosure
- Disclosure Basics
- Disclosure Materiality
- Pct
- Pct Amendments Article 19
- Pct Filing
- Power Of Attorney
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| MPEP Section | Rules |
|---|---|
| MPEP § 1002.02(c)(1) | |
| MPEP § 120 | |
| MPEP § 140 |