Under what conditions can a national security classified patent application be allowed?
A national security classified patent application cannot be allowed until specific conditions are met. The MPEP clearly states: Pursuant to 37 CFR 5.1(e), a national security classified patent application will not be allowed until the application is declassified and any Secrecy Order pursuant to 37 CFR 5.2(a) has been rescinded.
This means that both declassification of the application and rescission of any Secrecy Order are necessary prerequisites for allowance.
For more information on declassification, visit: declassification.
Topics:
MPEP 130-Examination of Secrecy Order Cases,
Patent Law,
Patent Procedure