How does a secrecy order affect patent term and maintenance fees?

How does a secrecy order affect patent term and maintenance fees?

A secrecy order can have significant impacts on both the patent term and maintenance fees. According to MPEP 120:

“If the application is found to be allowable during the secrecy order period, it will be passed to issue upon the removal or rescission of the secrecy order.”

This means that while under a secrecy order:

• The patent application’s examination continues, but issuance is delayed.
• The patent term may be affected, as it typically begins on the issue date.
• No maintenance fees are due until the patent is issued.

However, the law provides some compensation for these delays. “The term of the patent may be extended for the period of delay due to the secrecy order pursuant to 35 U.S.C. 154(b).” This extension helps to offset the time lost due to the secrecy order, ensuring that inventors don’t lose patent protection time unfairly.

For more information on patent term, visit: patent term.