What should an examiner do if they encounter an application with national security markings but no Secrecy Order?
When an examiner encounters an application with national security markings but no Secrecy Order, they must take specific actions. The MPEP instructs: In this case, the examiner should require the applicant to seek imposition of a Secrecy Order or authority to cancel the markings. This should preferably be done with the first action and, in…
Read MoreHow are amendments handled in Secrecy Order cases?
Amendments in Secrecy Order cases are handled differently from regular patent applications. The MPEP states: Any amendments received thereafter are not entered or responded to until such time as the Secrecy Order is rescinded. At such time, amendments which are free from objection will be entered; otherwise they are denied entry. This means that amendments…
Read MoreCan a patent application under a Secrecy Order be issued or involved in an interference?
No, patent applications under Secrecy Orders are not issued and cannot be involved in interferences or derivation proceedings. The MPEP states: Secrecy Order cases are examined for patentability as in other cases, but will not be passed to issue; nor will an interference or derivation be instituted where one or more of the conflicting cases…
Read MoreWhat happens when a Secrecy Order case is in condition for allowance?
When a Secrecy Order case is in condition for allowance, the prosecution is closed, but the patent is not issued. According to the MPEP, When a Secrecy Order case is in condition for allowance, a notice of allowability (Form D-10) is issued, thus closing the prosecution. This is in accordance with 37 CFR 5.3(c). The…
Read MoreHow are applications with Secrecy Orders examined?
Applications with Secrecy Orders are examined in a secure location by examiners with national security clearances under the control of Licensing and Review. As stated in the MPEP, All applications in which a Secrecy Order has been imposed are examined in a secure location by examiners possessing national security clearances under the control of Licensing…
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