(a) When notified by the chief officer of a defense agency that publication or disclosure
of the invention by the granting of a patent would be detrimental to the national
security, an order that the invention be kept secret will be issued by the Commissioner
(b) Any request for compensation as provided in 35 U.S.C. 183 must not be made to the Patent and Trademark Office, but directly to the department
or agency which caused the secrecy order to be issued.
(c) An application disclosing any significant part of the subject matter of an application
under a secrecy order pursuant to paragraph (a) of this section also falls within
the scope of such secrecy order. Any such application that is pending before the Office must be promptly brought
to the attention of Licensing and Review, unless such application is itself under
a secrecy order pursuant to paragraph (a) of this section. Any subsequently filed application containing any significant part of the subject
matter of an application under a secrecy order pursuant to paragraph (a) of this section
must either be hand-carried to Licensing and Review or mailed to the Office in compliance
with § 5.1(a).
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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