What is a Secrecy Order and when is it issued?

A Secrecy Order is a directive issued by the Commissioner for Patents to keep an invention secret and withhold the publication of a patent application or the grant of a patent. It is issued when:

1. A defense agency concludes that disclosure of the invention would be detrimental to national security
2. The agency recommends a Secrecy Order to the Commissioner for Patents

According to 35 U.S.C. 181, Whenever publication or disclosure by the publication of an application or by the grant of a patent on an invention in which the Government has a property interest might, in the opinion of the head of the interested Government agency, be detrimental to the national security, the Commissioner of Patents upon being so notified shall order that the invention be kept secret and shall withhold the publication of an application or the grant of a patent therefor under the conditions set forth hereinafter.

The Secrecy Order remains in effect for such period as the national interest requires, effectively preventing public disclosure of the invention.

For more information on patent applications, visit: patent applications.