Review of Applications for National Security and Property Rights Issues

All patent applications are subject to national security review. Applications describing inventions that might be detrimental to national security are referred to appropriate agencies. Filing abroad without a foreign filing license may result in abandonment or criminal liability.

Key Points

All patent applications reviewed for national security concerns
Secrecy orders: classified inventions — prosecution suspended, foreign filing prohibited
Petitions for license to file abroad may be filed under 35 USC 184
Violation of secrecy order: application may be abandoned, criminal penalties possible
National security classified applications: treated as special

Key Takeaway

Secrecy orders restrict both domestic prosecution and foreign filing. Applicant cannot file abroad without a foreign filing license when a secrecy order is in effect.

Exam Trap

A secrecy order does not mean the application is abandoned — it suspends prosecution. The application can proceed once the secrecy order is lifted.

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