In the article “Secrecy Orders for U.S. Patent Applications —An Overview,” published in Reuters Westlaw, attorneys Ryan Freedman, Tom Cowan, and Vlad Teplitskiy provide an overview of secrecy orders – what they are, how they affect U.S. patent prosecution procedures, and more.
Secrecy Orders restrict publication of U.S. patent applications containing information with particular national security implications. The Orders “typically apply to patent applications resulting from collaboration with federal U.S. government agencies or departments,” the authors write. However, such Orders can also apply to technology developed independently of the government. Further, the Orders can restrict commercial activity related to the technology in the patent application. “Therefore, it is critical for many technology companies and patent practitioners to be familiar with the procedures governing these orders enforced by the United States Patent and Trademark Office.”
Freedman, Cowan, and Teplitskiy provide a survey of the topic, including the different types of Secrecy Orders, technologies typically impacted by the Orders, securing and lifting an Order, unauthorized and authorized disclosure of covered information, and remedies available for damages caused by the Orders.
Read the full article here.
