Under what conditions can a national security classified patent application be allowed?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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 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will not be allowed until the application is declassified and any Secrecy Order pursuant to 37 CFR 5.2(a) has been rescinded.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 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patentability Examination for Secrecy Order Cases MPEP 130 Declassified Patent Application Required MPEP 130 Secrecy Order Required for National Security Marked Patents MPEP 130 Required Amendments Not Processed Until Secrecy Order Rescinded MPEP 130 Appeal Hearing Waits Until Secrecy Order Removed MPEP 130 Required Notice of Allowability Closes Prosecution MPEP 130 Amendments Must Be Free From Objection MPEP 130 Statutory Time Periods Cannot Be Waived MPEP 1134.01 Prohibited Director Can Review Specific Petitions and Designate Cases MPEP 1001.01 Required Petitions to the Director for Ex Parte Reexamination Appeals and Other Matters MPEP 1002 Permitted Other Related FAQs 5 FAQs Collapse How are applications with Secrecy Orders examined? Can a patent application under a Secrecy Order be issued or involved in an interference? What happens when a Secrecy Order case is in condition for allowance? How are amendments handled in Secrecy Order cases? What should an examiner do if they encounter an application with national security markings but no Secrecy Order?