Intellectual Property Law

Patent Secrecy Act Activity Drops in FY08

By Brian Wm. Higgin

     Ever wonder what the "LR" or "L&R" code means in the electronic file history of a pending patent application?  It refers to the Patent Office's Licensing and Review function, which is an early screening function applicable to all provisional applications filed under 35 U.S.C. 111(b), nonprovisional applications filed under 35 U.S.C. 111(a), and international applications filed under the Patent Cooperation Treaty (PCT).  During L&R screening, applications are reviewed for the purposes of issuance of a foreign filing license and to identify subject matter that, if disclosed, might impact national security. If warranted, applications may be referred to an appropriate governmental agency for consideration of restrictions on disclosure of the subject matter, which may ultimately lead to a Secrecy Order being issued (see MPEP). 

     The number of Secrecy Orders issued in FY '08 are shown (parenthetical values reflect change relative to FY '07 data) (source: FAS):

• Total Secrecy Orders in Effect FY08: 5,023 (-21)
• New Secrecy Orders Imposed: 68 (-60)  
  • ARMY: 8 (-14)
  • NAVY: 8 (-20)
  • AF: 20 (-25)
  • NSA: 20 (-1)
• Secrecy Orders Rescinded: 47 (-21)
• "John Doe" Secrecy Orders: 22 (-31)

     As was noted previously on this website, patent secrecy activity is relevant to Maryland because the counties surrounding Washington, D.C., are home to many government agencies and government contractors that may be involved in patent activity possibly triggering secrecy review. According to Patent Office statistics, many of the agencies/contractors in this area are high on the list of the number of patents issued each year to Maryland organizations, including Johns Hopkins University, which operates the Applied Physics Laboratory (Howard County), a major government defense contractor; the Navy, which operates the Naval Research Lab (Prince George's County); the Army, which operates the Army Research Lab and biodefense research agencies in Frederick, MD; Northrop Grumman (Anne Arundel County); the National Security Agency (NSA) (Anne Arundel County); and a few of the over 300 biotechnology companies in Maryland (mostly located in Montgomery County).

Full post as published by Maryland Intellectual Property Law Blog on January 08, 2009 (boomark / email).