What is 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. A Secrecy Order is an order issued by the Commissioner for Patents that prevents disclosure or publication of an invention in a patent application when the publication or disclosure would be detrimental to national security. The order requires that the invention be kept secret and may restrict filing of foreign patent applications. (MPEP 120) Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Types of Secrecy Orders for Patent Applications MPEP 120 Type I Secrecy Order for Patent Applications MPEP 120 Type II Secrecy Order for Patent Applications with Classified Data MPEP 120 National Security Classified Patent Application Must Be Declassified Before Publication and Allowance MPEP 120 Secrecy Order Applies to Invention and Related Applications MPEP 120 Required Facsimile Not Allowed for Secrecy Order Correspondence MPEP 120 Permitted Application Not Published if Detrimental to National Security MPEP 120 Petition for Secrecy Order Modification or Rescission MPEP 120 Correspondence Must Be Confidential Under Secrecy Order MPEP 120 Required Disclosure Allowed for Classifiable Patent Applications MPEP 120 Other Related FAQs 5 FAQs Collapse How long does a Secrecy Order remain in effect? Can a Secrecy Order be modified or rescinded? What is the scope of a Secrecy Order? What are the different types of Secrecy Orders? What are the consequences of violating a secrecy order on a patent application?