What actions can be taken if a patent application contains national security markings but no Secrecy Order?
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…
Read MoreWhat information is included in a patent filing receipt?
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…
Read MoreUnder what conditions can a national security classified patent application be allowed?
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will not be allowed until the application is declassified and any Secrecy Order pursuant to 37 CFR 5.2(a) has been rescinded.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…
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