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 115-Review of Applications for National Security and Property Rights Issues (2)
“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).
MPEP 120-Secrecy Orders (1)
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)
MPEP 121-Handling of Applications under Secrecy Order and/or Bearing National Security Markings (1)
Applications subject to a Secrecy Order will be:
- Deleted from any image file system within the USPTO
- Converted to paper
- Held with Licensing and Review
- Transferred to a designated examiner for examination
Patent Law (4)
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)
Applications subject to a Secrecy Order will be:
- Deleted from any image file system within the USPTO
- Converted to paper
- Held with Licensing and Review
- Transferred to a designated examiner for examination
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).