What is a Secrecy Order in patent law?

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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 official directive issued by the Commissioner for Patents when notified by the chief officer of a defense agency that publication or disclosure of an invention through a patent grant would be detrimental to national security. As stated in 37 CFR 5.2(a) : When notified by the chief officer of a defense agency that publication or disclosure of the invention by the granting of a patent would be detrimental to the national security, an order that the invention be kept secret will be issued by the Commissioner for Patents. This order restricts disclosure of the invention and delays the grant of a patent until the order is rescinded. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Types of Secrecy Orders for Patent Applications MPEP 120 Secrecy Order Applies to Invention and Related Applications MPEP 120 Required Type II Secrecy Order for Patent Applications with Classified Data MPEP 120 Type I Secrecy Order for Patent Applications MPEP 120 Disclosure of Secrecy Order to Foreign Disclosees Prohibited MPEP 120 Prohibited Application Not Published if Detrimental to National Security MPEP 120 National Security Classified Patent Application Must Be Declassified Before Publication and Allowance MPEP 120 National Security Classified Documents Acceptable for Filing MPEP 120 National Security Classified Documents Must Be Hand-Carried or Mailed MPEP 120 Required Applicant Must Obtain Secrecy Order for National Security Patent MPEP 120 Required Other Related FAQs 5 FAQs Collapse What are the consequences of violating a secrecy order on a patent application? Can an applicant appeal a secrecy order issued on their patent application? How long can a secrecy o...