Patent Law FAQ

If an examiner comes across a patent application that contains national security markings but does not have a Secrecy Order imposed, MPEP 130 instructs that “the examiner should require the applicant to seek imposition of a Secrecy Order or authority to cancel the markings.” This should be done preferably with the first office action and before final disposition of the application.

37 CFR 5.1(d) states that if no Secrecy Order has issued, the USPTO will set a time period for the applicant to take one of three actions to prevent abandonment:

1. Obtain a Secrecy Order
2. Declassify the application
3. Submit evidence of a good faith effort to obtain a Secrecy Order under 37 CFR 5.2(a)

Additionally, per 37 CFR 5.1(e), “a national security classified patent application will not be allowed until the application is declassified and any Secrecy Order pursuant to 37 CFR 5.2(a) has been rescinded.”

A national security classified patent application cannot be allowed until specific conditions are met. The MPEP clearly states: Pursuant to 37 CFR 5.1(e), a national security classified patent application will not be allowed until the application is declassified and any Secrecy Order pursuant to 37 CFR 5.2(a) has been rescinded. This means that both declassification of the application and rescission of any Secrecy Order are necessary prerequisites for allowance.

For more information on declassification, visit: declassification.

A patent filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested class in the U.S. Patent Classification System
• Art unit number where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: ‘The filing receipt includes the application number, filing date, a confirmation number, a suggested class in the U.S. Patent Classification System (see MPEP § 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)

A patent filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested class in the U.S. Patent Classification System
• Art unit number where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: ‘The filing receipt includes the application number, filing date, a confirmation number, a suggested class in the U.S. Patent Classification System (see MPEP § 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)

A patent filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested class in the U.S. Patent Classification System
• Art unit number where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: ‘The filing receipt includes the application number, filing date, a confirmation number, a suggested class in the U.S. Patent Classification System (see MPEP § 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)

If an examiner comes across a patent application that contains national security markings but does not have a Secrecy Order imposed, MPEP 130 instructs that “the examiner should require the applicant to seek imposition of a Secrecy Order or authority to cancel the markings.” This should be done preferably with the first office action and before final disposition of the application.

37 CFR 5.1(d) states that if no Secrecy Order has issued, the USPTO will set a time period for the applicant to take one of three actions to prevent abandonment:

1. Obtain a Secrecy Order
2. Declassify the application
3. Submit evidence of a good faith effort to obtain a Secrecy Order under 37 CFR 5.2(a)

Additionally, per 37 CFR 5.1(e), “a national security classified patent application will not be allowed until the application is declassified and any Secrecy Order pursuant to 37 CFR 5.2(a) has been rescinded.”

A national security classified patent application cannot be allowed until specific conditions are met. The MPEP clearly states: Pursuant to 37 CFR 5.1(e), a national security classified patent application will not be allowed until the application is declassified and any Secrecy Order pursuant to 37 CFR 5.2(a) has been rescinded. This means that both declassification of the application and rescission of any Secrecy Order are necessary prerequisites for allowance.

For more information on declassification, visit: declassification.

A patent filing receipt includes:

• Application number
• Filing date
• Confirmation number
• Suggested class in the U.S. Patent Classification System
• Art unit number where the application is likely to be examined
• Continuing data (if applicable)
• National stage data (if applicable)
• Foreign priority data (if applicable)
• Foreign filing license data (if applicable)
• Entity status information
• Anticipated publication date under 35 U.S.C. 122(b)

The MPEP states: ‘The filing receipt includes the application number, filing date, a confirmation number, a suggested class in the U.S. Patent Classification System (see MPEP § 902.01), and the number of an art unit where the application is likely to be examined.’ (MPEP 503)

A national security classified patent application cannot be allowed until specific conditions are met. The MPEP clearly states: Pursuant to 37 CFR 5.1(e), a national security classified patent application will not be allowed until the application is declassified and any Secrecy Order pursuant to 37 CFR 5.2(a) has been rescinded. This means that both declassification of the application and rescission of any Secrecy Order are necessary prerequisites for allowance.

For more information on declassification, visit: declassification.