What happens if a defense agency determines an invention disclosed in a patent application would be detrimental to national security?

If a defense agency concludes that disclosure of the invention would be detrimental to national security, they will recommend a secrecy order to the Commissioner for Patents. The Commissioner will then issue the secrecy order and withhold publication of the application or granting of a patent for as long as the national interest requires.

“If a defense agency concludes that disclosure of the invention would be detrimental to the national security, a secrecy order is recommended to the Commissioner for Patents. The Commissioner then issues a Secrecy Order and withholds the publication of the application or the grant of a patent for such period as the national interest requires.”

Topics: MPEP 115-Review of Applications for National Security and Property Rights Issues, Patent Law
Tags: defense agencies, national security information, secrecy orders, withholding publication