How long can a secrecy order remain in effect for a patent application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
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.
A secrecy order can remain in effect for a significant period. As stated in MPEP 120, “The secrecy order may remain in effect for the duration of the national emergency and six months thereafter and automatically expires at the end of that period.” However, it’s important to note that:
- The order can be renewed if necessary
- It can be terminated earlier if the reasons for its issuance no longer exist
- The total duration is subject to the provisions of 35 U.S.C. 181
For more information on secrecy order duration, visit: secrecy order duration.
Topics:
MPEP 120-Secrecy Orders
Patent Law
Patent Procedure