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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.
Quick Statistics:
Number of Pages: 36 pgs
Sections: 101 – 151
| 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 |
Key Terms:
| Secrecy Orders | National Security | Foreign Filing Licenses |
| Access | Statements to DOE and NASA |
37 CFR (Code of Federal Regulations):
| 37 CFR 1.14 | Patent applications preserved in confidence. |
| 37 CFR 5.12 | Petition for license. |
35 USC (United States Code):
| 35 USC 184 | Filing of application in foreign country. |
| 35 USC 122 | Confidential status of applications; publication of patent applications. |