Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 120-Secrecy Orders (5)
A Secrecy Order is an order issued by the Commissioner for Patents that prevents disclosure or publication of an invention in a patent application when the publication or disclosure would be detrimental to national security. The order requires that the invention be kept secret and may restrict filing of foreign patent applications. (MPEP 120)
There are three types of Secrecy Orders, each with a different scope:n
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- Type I – Secrecy Order and Permit for Foreign Filing in Certain Countries
- Type II – Secrecy Order and Permit for Disclosing Classified Information
- Type III – General Secrecy Order
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nThe Type I order permits filing in certain countries with security agreements, Type II allows classified or classifiable disclosure, and Type III prevents disclosure without written consent from the Commissioner. (MPEP 120 Section I)
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)
Yes, applicants may petition for rescission or modification of a Secrecy Order:n
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- Applicants can informally contact the sponsoring defense agency to discuss rendering the order ineffectual, or formally petition the Commissioner for Patents to rescind the order.
- Rescission may also be possible by expunging sensitive subject matter from the application, if it’s not needed for an enabling disclosure under 35 U.S.C. 112.
- Applicants can also petition for a permit to disclose the invention to another or to modify the order, fully stating the reason or purpose. (MPEP 120 Section V)
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Patent Law (5)
A Secrecy Order applies to the subject matter of the invention, not just the patent application itself. It restricts disclosure or publication of the invention in any form. Other related patent applications which contain any significant part of the subject matter also fall under the scope of the order and must be brought to the USPTO’s attention. (MPEP 120 Section II)
A Secrecy Order is an order issued by the Commissioner for Patents that prevents disclosure or publication of an invention in a patent application when the publication or disclosure would be detrimental to national security. The order requires that the invention be kept secret and may restrict filing of foreign patent applications. (MPEP 120)
There are three types of Secrecy Orders, each with a different scope:n
- n
- Type I – Secrecy Order and Permit for Foreign Filing in Certain Countries
- Type II – Secrecy Order and Permit for Disclosing Classified Information
- Type III – General Secrecy Order
n
n
n
nThe Type I order permits filing in certain countries with security agreements, Type II allows classified or classifiable disclosure, and Type III prevents disclosure without written consent from the Commissioner. (MPEP 120 Section I)
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)
Yes, applicants may petition for rescission or modification of a Secrecy Order:n
- n
- Applicants can informally contact the sponsoring defense agency to discuss rendering the order ineffectual, or formally petition the Commissioner for Patents to rescind the order.
- Rescission may also be possible by expunging sensitive subject matter from the application, if it’s not needed for an enabling disclosure under 35 U.S.C. 112.
- Applicants can also petition for a permit to disclose the invention to another or to modify the order, fully stating the reason or purpose. (MPEP 120 Section V)
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