How are petitions related to applications under secrecy orders handled?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

Petitions related to applications under secrecy orders are handled by the Director of the Technology Center who Oversees Licensing and Review. This includes various aspects of secrecy orders and related matters.

According to MPEP 1002.02(c)(1):

  • “Petitions relating to any application under a secrecy order pursuant to 35 U.S.C. 181, including petitions to expunge subject matter from the application to overcome the secrecy order.”
  • “Petitions concerning review of security or government interest matters not otherwise provided for.”

These provisions ensure that sensitive applications that may impact national security are properly managed. For more information on secrecy orders, refer to MPEP 120.

Tags: government interest, national security, patent applications, secrecy orders