What are the consequences of violating a secrecy order?
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.
Violating a secrecy order can have severe consequences. According to MPEP 120, “Unauthorized disclosure of the subject matter of an application under a secrecy order is punishable by a fine and/or imprisonment.” Specifically:
- The fine can be up to $10,000
- Imprisonment can be up to two years
- These penalties apply for each offense
Additionally, violation of a secrecy order can result in the abandonment of the application. It’s crucial for inventors and patent practitioners to strictly adhere to secrecy orders to avoid these serious legal consequences.
Topics:
MPEP 120-Secrecy Orders
Patent Law
Patent Procedure