What happens if a secrecy order is violated?
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 serious 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 (35 U.S.C. 186), and may result in loss of patent rights (35 U.S.C. 182).” This means that individuals who disclose information about an application under a secrecy order without proper authorization may face:
- Monetary fines
- Imprisonment
- Loss of patent rights
It’s crucial for inventors, patent agents, and attorneys to strictly adhere to secrecy orders to avoid these severe penalties.
For more information on unauthorized disclosure, visit: unauthorized disclosure.