Patent Law FAQ

While the initial screening for sensitive subject matter is performed by designated personnel, patent examiners also play a crucial role in this process. The MPEP states:

While the initial screening is performed only by designated personnel, all examiners have a responsibility to be alert for obviously sensitive subject matter either in the original disclosure or subsequently introduced, for example, by amendment.

If an examiner identifies potentially sensitive subject matter, they are instructed to take action:

If the examiner is aware of subject matter which should be subject to screening by appropriate office personnel, this should be brought to the attention of Licensing and Review.

This ongoing vigilance by examiners helps ensure that sensitive information is not inadvertently disclosed, even if it was not identified during the initial screening process.

For more information on Patent examiners, visit: Patent examiners.

All provisional applications filed under 35 U.S.C. 111(b), nonprovisional applications filed under 35 U.S.C. 111(a), international applications filed under the PCT, and international design applications filed under the Hague Agreement are reviewed by the USPTO for three main purposes:

1. To determine if a foreign filing license can be granted under 35 U.S.C. 184
2. To identify inventions in which the Department of Energy (DOE) or NASA might have property rights
3. To determine if the application contains subject matter detrimental to national security that warrants a secrecy order under 35 U.S.C. 181

The process for obtaining a foreign filing license is part of the USPTO’s screening procedure for patent applications. The MPEP states:

A third function of the screening procedure is to process foreign filing license petitions under37 CFR 5.12(a). SeeMPEP § 140.

The foreign filing license is automatically granted in most cases as part of the application filing process. However, if the application contains subject matter that requires further review, the applicant may need to petition for a foreign filing license separately.

To obtain a foreign filing license, applicants should:

1. File a patent application with the USPTO
2. Wait for the automatic screening process to complete
3. If a license is not automatically granted, file a petition under 37 CFR 5.12(a)
4. Provide any additional information requested by the USPTO

It’s important to note that filing an application abroad without first obtaining a foreign filing license can have serious consequences, including abandonment of the U.S. application and potential criminal penalties.

For more information on foreign filing license, visit: foreign filing license.

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

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

A Secrecy Order is a directive issued by the Commissioner for Patents to keep an invention secret and withhold the publication of a patent application or the grant of a patent. It is issued when:

1. A defense agency concludes that disclosure of the invention would be detrimental to national security
2. The agency recommends a Secrecy Order to the Commissioner for Patents

According to 35 U.S.C. 181, Whenever publication or disclosure by the publication of an application or by the grant of a patent on an invention in which the Government has a property interest might, in the opinion of the head of the interested Government agency, be detrimental to the national security, the Commissioner of Patents upon being so notified shall order that the invention be kept secret and shall withhold the publication of an application or the grant of a patent therefor under the conditions set forth hereinafter.

The Secrecy Order remains in effect for such period as the national interest requires, effectively preventing public disclosure of the invention.

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

If a defense agency concludes that disclosure of the invention would be detrimental to national security, they will recommend a secrecy order to the Commissioner for Patents. The Commissioner will then issue the secrecy order and withhold publication of the application or granting of a patent for as long as the national interest requires.

“If a defense agency concludes that disclosure of the invention would be detrimental to the national security, a secrecy order is recommended to the Commissioner for Patents. The Commissioner then issues a Secrecy Order and withholds the publication of the application or the grant of a patent for such period as the national interest requires.”

National security classified patent applications may be filed with the USPTO in the following ways:

• Hand-carried to Licensing and Review
• Mailed to the USPTO in compliance with 37 CFR 5.1(a) and Executive Order 13526
• Filed via the Department of Defense Secret Internet Protocol Router Network (SIPRNET) – these will be considered filed via the USPTO patent electronic filing system

The applicant must also either obtain a secrecy order or provide authority to cancel the security markings per 37 CFR 5.1(d).

The USPTO has specific procedures for handling foreign language provisional applications during the screening process. According to the MPEP:

Provisional applications filed in a foreign language are also screened under these provisions. The Office will make an attempt to determine the subject matter of the application, but the applicant may be required to provide at least an English language abstract of the information for screening purposes.

To avoid potential delays in the screening process, the MPEP strongly recommends:

It is strongly recommended that if the applicant is in possession of an English language description of the technology, it should be filed with the provisional application to prevent screening delays.

This recommendation helps ensure that the USPTO can efficiently review the application for national security and property rights issues without language barriers impeding the process.

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

The USPTO has specific procedures for handling applications in which the government may have a property interest. According to the MPEP:

For those applications in which the Government has a property interest (including applications indicating national security classified subject matter), responsibility for notifying the Commissioner for Patents of the need for a Secrecy Order resides with the agency having that interest.

Additionally, the screening process identifies inventions that may be of interest to specific government agencies:

A second purpose for the screening of all applications, with an exception for provisional applications, is to identify inventions in which DOE or NASA might have property rights. See42 U.S.C. 2182,51 U.S.C. 20135, andMPEP § 150.

This process ensures that government agencies are notified of inventions that may fall under their purview and allows them to take appropriate action, such as requesting a Secrecy Order if necessary.

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

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.

National security classified patent applications require special handling by the USPTO. The MPEP states that:

National security classified documents filed in the USPTO must be either hand-carried to Licensing and Review or mailed to the Office in compliance with37 CFR 5.1(a)and Executive Order 13526 of December 29, 2009.

However, the USPTO has made provisions for secure electronic filing:

The Office will accept such applications filed with the USPTO via the Department of Defense Secret Internet Protocol Router Network (SIPRNET) and consider them as filed via the USPTO patent electronic filing system for purposes of37 CFR 1.16(t)and37 CFR 1.445(a)(ii).

Applicants filing national security classified applications must also obtain a secrecy order or provide authority to cancel the security markings, as per37 CFR 5.1(d). The USPTO’s Licensing and Review office can provide a list of contacts at the appropriate defense agencies for this purpose.

For more information on classified patent applications, visit: classified patent applications.

While the initial screening for sensitive subject matter is performed by designated personnel, patent examiners also play a crucial role in this process. The MPEP states:

While the initial screening is performed only by designated personnel, all examiners have a responsibility to be alert for obviously sensitive subject matter either in the original disclosure or subsequently introduced, for example, by amendment.

If an examiner identifies potentially sensitive subject matter, they are instructed to take action:

If the examiner is aware of subject matter which should be subject to screening by appropriate office personnel, this should be brought to the attention of Licensing and Review.

This ongoing vigilance by examiners helps ensure that sensitive information is not inadvertently disclosed, even if it was not identified during the initial screening process.

For more information on Patent examiners, visit: Patent examiners.

All provisional applications filed under 35 U.S.C. 111(b), nonprovisional applications filed under 35 U.S.C. 111(a), international applications filed under the PCT, and international design applications filed under the Hague Agreement are reviewed by the USPTO for three main purposes:

1. To determine if a foreign filing license can be granted under 35 U.S.C. 184
2. To identify inventions in which the Department of Energy (DOE) or NASA might have property rights
3. To determine if the application contains subject matter detrimental to national security that warrants a secrecy order under 35 U.S.C. 181

The process for obtaining a foreign filing license is part of the USPTO’s screening procedure for patent applications. The MPEP states:

A third function of the screening procedure is to process foreign filing license petitions under37 CFR 5.12(a). SeeMPEP § 140.

The foreign filing license is automatically granted in most cases as part of the application filing process. However, if the application contains subject matter that requires further review, the applicant may need to petition for a foreign filing license separately.

To obtain a foreign filing license, applicants should:

1. File a patent application with the USPTO
2. Wait for the automatic screening process to complete
3. If a license is not automatically granted, file a petition under 37 CFR 5.12(a)
4. Provide any additional information requested by the USPTO

It’s important to note that filing an application abroad without first obtaining a foreign filing license can have serious consequences, including abandonment of the U.S. application and potential criminal penalties.

For more information on foreign filing license, visit: foreign filing license.

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

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

A Secrecy Order is a directive issued by the Commissioner for Patents to keep an invention secret and withhold the publication of a patent application or the grant of a patent. It is issued when:

1. A defense agency concludes that disclosure of the invention would be detrimental to national security
2. The agency recommends a Secrecy Order to the Commissioner for Patents

According to 35 U.S.C. 181, Whenever publication or disclosure by the publication of an application or by the grant of a patent on an invention in which the Government has a property interest might, in the opinion of the head of the interested Government agency, be detrimental to the national security, the Commissioner of Patents upon being so notified shall order that the invention be kept secret and shall withhold the publication of an application or the grant of a patent therefor under the conditions set forth hereinafter.

The Secrecy Order remains in effect for such period as the national interest requires, effectively preventing public disclosure of the invention.

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

If a defense agency concludes that disclosure of the invention would be detrimental to national security, they will recommend a secrecy order to the Commissioner for Patents. The Commissioner will then issue the secrecy order and withhold publication of the application or granting of a patent for as long as the national interest requires.

“If a defense agency concludes that disclosure of the invention would be detrimental to the national security, a secrecy order is recommended to the Commissioner for Patents. The Commissioner then issues a Secrecy Order and withholds the publication of the application or the grant of a patent for such period as the national interest requires.”

National security classified patent applications may be filed with the USPTO in the following ways:

• Hand-carried to Licensing and Review
• Mailed to the USPTO in compliance with 37 CFR 5.1(a) and Executive Order 13526
• Filed via the Department of Defense Secret Internet Protocol Router Network (SIPRNET) – these will be considered filed via the USPTO patent electronic filing system

The applicant must also either obtain a secrecy order or provide authority to cancel the security markings per 37 CFR 5.1(d).

The USPTO has specific procedures for handling foreign language provisional applications during the screening process. According to the MPEP:

Provisional applications filed in a foreign language are also screened under these provisions. The Office will make an attempt to determine the subject matter of the application, but the applicant may be required to provide at least an English language abstract of the information for screening purposes.

To avoid potential delays in the screening process, the MPEP strongly recommends:

It is strongly recommended that if the applicant is in possession of an English language description of the technology, it should be filed with the provisional application to prevent screening delays.

This recommendation helps ensure that the USPTO can efficiently review the application for national security and property rights issues without language barriers impeding the process.

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

The USPTO has specific procedures for handling applications in which the government may have a property interest. According to the MPEP:

For those applications in which the Government has a property interest (including applications indicating national security classified subject matter), responsibility for notifying the Commissioner for Patents of the need for a Secrecy Order resides with the agency having that interest.

Additionally, the screening process identifies inventions that may be of interest to specific government agencies:

A second purpose for the screening of all applications, with an exception for provisional applications, is to identify inventions in which DOE or NASA might have property rights. See42 U.S.C. 2182,51 U.S.C. 20135, andMPEP § 150.

This process ensures that government agencies are notified of inventions that may fall under their purview and allows them to take appropriate action, such as requesting a Secrecy Order if necessary.

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

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.

National security classified patent applications require special handling by the USPTO. The MPEP states that:

National security classified documents filed in the USPTO must be either hand-carried to Licensing and Review or mailed to the Office in compliance with37 CFR 5.1(a)and Executive Order 13526 of December 29, 2009.

However, the USPTO has made provisions for secure electronic filing:

The Office will accept such applications filed with the USPTO via the Department of Defense Secret Internet Protocol Router Network (SIPRNET) and consider them as filed via the USPTO patent electronic filing system for purposes of37 CFR 1.16(t)and37 CFR 1.445(a)(ii).

Applicants filing national security classified applications must also obtain a secrecy order or provide authority to cancel the security markings, as per37 CFR 5.1(d). The USPTO’s Licensing and Review office can provide a list of contacts at the appropriate defense agencies for this purpose.

For more information on classified patent applications, visit: classified patent applications.

While the initial screening for sensitive subject matter is performed by designated personnel, patent examiners also play a crucial role in this process. The MPEP states:

While the initial screening is performed only by designated personnel, all examiners have a responsibility to be alert for obviously sensitive subject matter either in the original disclosure or subsequently introduced, for example, by amendment.

If an examiner identifies potentially sensitive subject matter, they are instructed to take action:

If the examiner is aware of subject matter which should be subject to screening by appropriate office personnel, this should be brought to the attention of Licensing and Review.

This ongoing vigilance by examiners helps ensure that sensitive information is not inadvertently disclosed, even if it was not identified during the initial screening process.

For more information on Patent examiners, visit: Patent examiners.

The process for obtaining a foreign filing license is part of the USPTO’s screening procedure for patent applications. The MPEP states:

A third function of the screening procedure is to process foreign filing license petitions under37 CFR 5.12(a). SeeMPEP § 140.

The foreign filing license is automatically granted in most cases as part of the application filing process. However, if the application contains subject matter that requires further review, the applicant may need to petition for a foreign filing license separately.

To obtain a foreign filing license, applicants should:

1. File a patent application with the USPTO
2. Wait for the automatic screening process to complete
3. If a license is not automatically granted, file a petition under 37 CFR 5.12(a)
4. Provide any additional information requested by the USPTO

It’s important to note that filing an application abroad without first obtaining a foreign filing license can have serious consequences, including abandonment of the U.S. application and potential criminal penalties.

For more information on foreign filing license, visit: foreign filing license.

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

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

A Secrecy Order is a directive issued by the Commissioner for Patents to keep an invention secret and withhold the publication of a patent application or the grant of a patent. It is issued when:

1. A defense agency concludes that disclosure of the invention would be detrimental to national security
2. The agency recommends a Secrecy Order to the Commissioner for Patents

According to 35 U.S.C. 181, Whenever publication or disclosure by the publication of an application or by the grant of a patent on an invention in which the Government has a property interest might, in the opinion of the head of the interested Government agency, be detrimental to the national security, the Commissioner of Patents upon being so notified shall order that the invention be kept secret and shall withhold the publication of an application or the grant of a patent therefor under the conditions set forth hereinafter.

The Secrecy Order remains in effect for such period as the national interest requires, effectively preventing public disclosure of the invention.

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

The USPTO has specific procedures for handling foreign language provisional applications during the screening process. According to the MPEP:

Provisional applications filed in a foreign language are also screened under these provisions. The Office will make an attempt to determine the subject matter of the application, but the applicant may be required to provide at least an English language abstract of the information for screening purposes.

To avoid potential delays in the screening process, the MPEP strongly recommends:

It is strongly recommended that if the applicant is in possession of an English language description of the technology, it should be filed with the provisional application to prevent screening delays.

This recommendation helps ensure that the USPTO can efficiently review the application for national security and property rights issues without language barriers impeding the process.

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

The USPTO has specific procedures for handling applications in which the government may have a property interest. According to the MPEP:

For those applications in which the Government has a property interest (including applications indicating national security classified subject matter), responsibility for notifying the Commissioner for Patents of the need for a Secrecy Order resides with the agency having that interest.

Additionally, the screening process identifies inventions that may be of interest to specific government agencies:

A second purpose for the screening of all applications, with an exception for provisional applications, is to identify inventions in which DOE or NASA might have property rights. See42 U.S.C. 2182,51 U.S.C. 20135, andMPEP § 150.

This process ensures that government agencies are notified of inventions that may fall under their purview and allows them to take appropriate action, such as requesting a Secrecy Order if necessary.

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

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.

National security classified patent applications require special handling by the USPTO. The MPEP states that:

National security classified documents filed in the USPTO must be either hand-carried to Licensing and Review or mailed to the Office in compliance with37 CFR 5.1(a)and Executive Order 13526 of December 29, 2009.

However, the USPTO has made provisions for secure electronic filing:

The Office will accept such applications filed with the USPTO via the Department of Defense Secret Internet Protocol Router Network (SIPRNET) and consider them as filed via the USPTO patent electronic filing system for purposes of37 CFR 1.16(t)and37 CFR 1.445(a)(ii).

Applicants filing national security classified applications must also obtain a secrecy order or provide authority to cancel the security markings, as per37 CFR 5.1(d). The USPTO’s Licensing and Review office can provide a list of contacts at the appropriate defense agencies for this purpose.

For more information on classified patent applications, visit: classified patent applications.