What actions must an applicant take to prevent abandonment of a national security classified patent application without a Secrecy Order?

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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. According to 37 CFR 5.1(d) , an applicant must take one of three actions to prevent abandonment of a national security classified patent application without a Secrecy Order. The MPEP states: Pursuant to 37 CFR 5.1(d), if no Secrecy Order has issued in a national security classified patent application, the Office will set a time period within which the applicant must take one of the following three actions in order to prevent abandonment of the application: (A) obtain a Secrecy Order; (B) declassify the application; or (C) submit evidence of a good faith effort to obtain a Secrecy Order pursuant to 37 CFR 5.2(a). These actions ensure proper handling of potentially sensitive information. For more information on patent abandonment, visit: patent abandonment . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Secrecy Order Required for National Security Marked Patents MPEP 130 Required Patentability Examination for Secrecy Order Cases MPEP 130 Declassified Patent Application Required MPEP 130 Appeal Hearing Waits Until Secrecy Order Removed MPEP 130 Required Amendments Not Processed Until Secrecy Order Rescinded MPEP 130 Notice of Allowability Closes Prosecution MPEP 130 Amendments Must Be Free From Objection MPEP 130 First Office Publication Triggers Time Period for Third-Party Submissions MPEP 1134.01 Board Actions Must Be Publicly Inspectable Without Permission MPEP 103 Required Non-Compliant Submission Does Not Toll Time Period MPEP 1134.01 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 conditi...