What are the consequences of violating a secrecy order on a patent application?

Violating a secrecy order on a patent application can have severe consequences. MPEP 120 states, “If, prior to or after the issuance of the secrecy order, any significant part of the subject matter or material information relevant to the application has been or is revealed to any U.S. citizen in the United States, the principals must promptly inform such person of the secrecy order and the penalties for improper disclosure.” The penalties for violation can include:

• Abandonment of the application (35 U.S.C. 182)
• Criminal penalties, including fines and imprisonment (35 U.S.C. 186)
• Loss of patent rights (35 U.S.C. 184)

It’s crucial for applicants and their representatives to strictly adhere to secrecy orders to avoid these serious consequences.