What is a Secrecy Order and when is it issued?
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: A defense agency concludes that disclosure of the invention would be detrimental to national security The agency recommends a Secrecy…
Read MoreHow are national security classified patent applications handled by the USPTO?
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…
Read MoreHow does the USPTO handle foreign language provisional applications in the screening process?
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…
Read MoreWhat is the role of patent examiners in identifying sensitive subject matter in 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…
Read MoreHow does the USPTO handle applications with government property interests?
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…
Read MoreWhat is the process for obtaining a foreign filing license for a patent application?
To obtain a foreign filing license for a patent application, you need to file a petition under 37 CFR 5.12(b). This petition is decided by the Director of the Technology Center who Oversees Licensing and Review. As stated in MPEP 1002.02(c)(1): “Petitions under 37 CFR 5.12(b) for foreign license to file patent applications in foreign…
Read MoreHow does the USPTO ensure that applications are cleared from secrecy review before issuance?
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…
Read MoreHow should national security classified patent applications be filed with the USPTO?
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…
Read MoreWhat happens if a defense agency determines an invention disclosed in a patent application would be detrimental to national security?
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…
Read MoreWhat is the purpose of reviewing patent applications for national security and property rights issues?
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: To determine if a foreign filing license can be granted under 35 U.S.C. 184 To identify…
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