MPEP § 1304.01 — Withholding From Issue of “Secrecy Order” Applications (Annotated Rules)
§1304.01 Withholding From Issue of “Secrecy Order” Applications
This page consolidates and annotates all enforceable requirements under MPEP § 1304.01, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Withholding From Issue of “Secrecy Order” Applications
This section addresses Withholding From Issue of “Secrecy Order” Applications. Contains: 1 guidance statement.
Key Rules
Notice of Allowance
“Secrecy Order” applications are not sent to issue even when all of the claims have been allowed. Instead of mailing a Notice of Allowance, a D-10 Notice is sent. See MPEP § 130.
“Secrecy Order” applications are not sent to issue even when all of the claims have been allowed. Instead of mailing a Notice of Allowance, a D-10 Notice is sent. See MPEP § 130.
Secrecy Orders
If the “Secrecy Order” in an application is withdrawn after the D-10 notice is mailed, the application should then be treated like an ordinary application in condition for allowance.
Citations
| Primary topic | Citation |
|---|---|
| Notice of Allowance | MPEP § 130 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1304.01 — Withholding From Issue of “Secrecy Order” Applications
Source: USPTO1304.01 Withholding From Issue of “Secrecy Order” Applications [R-08.2012]
“Secrecy Order” applications are not sent to issue even when all of the claims have been allowed. Instead of mailing a Notice of Allowance, a D-10 Notice is sent. See MPEP § 130.
If the “Secrecy Order” in an application is withdrawn after the D-10 notice is mailed, the application should then be treated like an ordinary application in condition for allowance.