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Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

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Here’s the complete FAQ:

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MPEP 120-Secrecy Orders (1)

A

How long does a Secrecy Order remain in effect?

Under 35 U.S.C. 181, a Secrecy Order remains in effect for a period of 1 year from its date of issuance. It may be renewed for additional periods of not more than 1 year upon notice by a government agency that the national interest requires it. The applicant is notified of any renewal. (MPEP 120 Section VII)
Topics: MPEP 120-Secrecy Orders, Patent Law
Tags: 35 USC 181, MPEP 120, one year period, renewal, secrecy order duration
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MPEP 121-Handling of Applications under Secrecy Order and/or Bearing National Security Markings (1)

A

What happens if a patent application is filed with the USPTO containing what appears to be national security markings?

For applications filed with apparent national security markings, the USPTO will:

  1. Notify the applicant via Licensing and Review
  2. Ask the applicant to either:
    • Explain the markings
    • Remove improper markings
    • Obtain a Secrecy Order if necessary
  3. Potentially refer the application to a defense agency for review under 35 U.S.C. 181 second paragraph if improper markings are found and removed
Topics: MPEP 121-Handling of Applications under Secrecy Order and/or Bearing National Security Markings, Patent Law
Tags: 35 USC 181, international patent applications, licensing and review, national security markings, USPTO
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Patent Law (2)

A

What happens if a patent application is filed with the USPTO containing what appears to be national security markings?

For applications filed with apparent national security markings, the USPTO will:

  1. Notify the applicant via Licensing and Review
  2. Ask the applicant to either:
    • Explain the markings
    • Remove improper markings
    • Obtain a Secrecy Order if necessary
  3. Potentially refer the application to a defense agency for review under 35 U.S.C. 181 second paragraph if improper markings are found and removed
Topics: MPEP 121-Handling of Applications under Secrecy Order and/or Bearing National Security Markings, Patent Law
Tags: 35 USC 181, international patent applications, licensing and review, national security markings, USPTO
Permalink:
A

How long does a Secrecy Order remain in effect?

Under 35 U.S.C. 181, a Secrecy Order remains in effect for a period of 1 year from its date of issuance. It may be renewed for additional periods of not more than 1 year upon notice by a government agency that the national interest requires it. The applicant is notified of any renewal. (MPEP 120 Section VII)

Topics: MPEP 120-Secrecy Orders, Patent Law
Tags: 35 USC 181, MPEP 120, one year period, renewal, secrecy order duration
Permalink: