MPEP 100

Secrecy, Access, National Security, and Foreign Filing

Quick Statistics

Number of Pages:  36 pgs
Sections:  101 – 151

Brief Summary

This chapter covers the confidentiality of patent applications and patent related documents. The focus is on who may or may not access particular application types.

Any patent application that contains a sensitive issue will be placed under a secrecy order by the PTO. Absolutely no member of the public may view these patents even after they have issued.

Foreign filing licenses must be issued if an applicant wants to apply for a patent on the same subject matter in a foreign country immediately after filing for a U.S. patent.

Key Terms

Secrecy OrdersNational SecurityForeign Filing Licenses
AccessStatements to DOE and NASA 

37 CFR (Code of Federal Regulations)

37 CFR 1.14Patent applications preserved in confidence.
37 CFR 5.12Petition for license.

35 USC (United States Code)

35 USC 184Filing of application in foreign country.
35 USC 122Confidential status of applications; publication of patent applications.

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