How does a secrecy order affect foreign filing of a patent application?

A secrecy order significantly impacts the foreign filing of a patent application. According to MPEP 120:

“The issuance of a secrecy order does not alter the applicant’s right to appeal to the Patent Trial and Appeal Board or to file a civil action under 35 U.S.C. 145 or 146, except that if such appeal or civil action involves national security issues, prior approval of the Commissioner for Patents must be obtained.”

This means:

• The applicant cannot file the application in foreign countries without permission
• Foreign filing licenses are not granted while a secrecy order is in effect
• The applicant must wait for the secrecy order to be lifted before pursuing international patent protection
• Any attempt to file abroad without authorization could result in abandonment of the U.S. application and other penalties

It’s crucial for inventors to understand these restrictions to maintain their patent rights and avoid legal issues.

For more information on foreign filing license, visit: foreign filing license.