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MPEP 100
Secrecy, Access, National Security, and Foreign Filing
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:
| Access | Access refers to the ability to view or obtain information about a patent application, which may be restricted to protect confidential details until the application is published or granted. |
| Foreign Filing Licenses | Foreign Filing Licenses are authorizations granted by a government, allowing inventors to file patent applications in foreign countries for inventions made within the issuing country, ensuring compliance with national security regulations. |
| National Security | National Security refers to the protection of information and technologies that, if disclosed, could compromise the safety and defense capabilities of a nation, often leading to restrictions on the publication and sharing of sensitive patent applications. |
| Secrecy Orders | Secrecy Orders are directives issued by the U.S. government to prevent the disclosure of patent applications that might pose a threat to national security, restricting their publication and foreign filing. |
| Statements to DOE and NASA | Statements to DOE and NASA are disclosures required by inventors to inform the Department of Energy and the National Aeronautics and Space Administration about inventions that may be of interest to these agencies, particularly those related to energy and space technologies. |
37 CFR (Code of Federal Regulations):
| 37 CFR 1.14 – Patent applications preserved in confidence. |
| Patent applications are kept confidential under 37 CFR 1.14, with limited exceptions for disclosure. |
| 37 CFR 5.12 – Petition for license. |
| 37 CFR 5.12 states that filing a U.S. patent application includes a petition for a foreign filing license, and if not automatically granted, a separate petition with a fee and delivery instructions can be submitted. |
35 USC (United States Code):
| 35 USC 184 – Filing of application in foreign country. |
| 35 USC 184 prohibits filing a patent application in a foreign country within six months of filing in the U.S. without a license from the Commissioner of Patents, except under specific conditions. |
| 35 USC 122 – Confidential status of applications; publication of patent applications. |
| 35 USC 122 mandates that patent applications remain confidential until published 18 months after filing, with certain exceptions, and establishes procedures for handling pre-issuance oppositions and national security concerns. |
Quick Statistics:
Number of Pages: 36 pgs
Sections: 101 – 151
List of Sections:
| 101 | General |
| 102 | Information as to Status of an Application |
| 103 | Right of Public To Inspect Patent Files and Some Application Files |
| 104 | Power to Inspect Application |
| 105 | Suspended or Excluded Practitioner Cannot Inspect |
| 106 | Control of Inspection by Assignee |
| • 106.01 Rights of Assignee of Part Interest | |
| 110 | Confidential Nature of International Applications |
| 115 | Review of Applications for National Security and Property Rights Issues |
| 120 | Secrecy Orders |
| 121 | Handling of Applications under Secrecy Order and/or Bearing National Security Markings |
| 130 | Examination of Secrecy Order Cases |
| 140 | Foreign Filing Licenses |
| 150 | Statements to DOE and NASA |
| 151 | Content of the Statements |