What is the difference between a foreign filing license and a secrecy order?

While both foreign filing licenses and secrecy orders are related to the protection of sensitive information in patent applications, they serve different purposes:

• Foreign Filing License: As described in MPEP 140, this is a permission granted by the USPTO to file a patent application in a foreign country. It’s typically granted routinely unless there are security concerns.
• Secrecy Order: This is an order issued under the Invention Secrecy Act (35 U.S.C. 181) to prevent disclosure of an invention that might be detrimental to national security. It prohibits both foreign filing and public disclosure of the invention.

A foreign filing license allows foreign filing, while a secrecy order prohibits it. An application under a secrecy order will not be granted a foreign filing license.

For more information on foreign filing license, visit: foreign filing license.