How are appeals handled in Secrecy Order patent cases?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. For patent applications under a Secrecy Order, prosecution proceeds as normal, including issuing final rejections that the applicant must properly reply to. If the applicant files an appeal, it must be completed to prevent abandonment of the application. However, as noted in MPEP 130, “such appeal will not be set for hearing by the Patent Trial and Appeal Board until the Secrecy Order is removed, unless specifically ordered by the Commissioner for Patents.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Appeal Hearing Waits Until Secrecy Order Removed MPEP 130 Required Patentability Examination for Secrecy Order Cases MPEP 130 Declassified Patent Application Required MPEP 130 Amendments Not Processed Until Secrecy Order Rescinded MPEP 130 Secrecy Order Required for National Security Marked Patents MPEP 130 Required Notice of Allowability Closes Prosecution MPEP 130 Amendments Must Be Free From Objection MPEP 130 Access to Patent Applications Except PTAB Proceedings MPEP 1002.02(b) Access to Firm's Patent Applications for Registered Members with Signatory Power MPEP 104 Required Withdrawal of Remanded Application from Appeal MPEP 1002.02(d) Other Related FAQs 5 FAQs Collapse How are applications with Secrecy Orders examined? Can a patent application under a Secrecy Order be issued or involved in an interference? What happens when a Secrecy Order case is in condition for allowance? How are amendments handled in Secrecy Order cases? What should an examiner do if they encounter an application with national security markings but no Secrecy Order?