This Act is spelled out in Title 35 U.S.C. §§181-188.
The gist of these statutory provisions is that certain patent applications are going to be flagged for special governmental processing if “in the opinion of the head of the interested Government agency, (disclosure of the technology would) be detrimental to the national security.”
In response to such a determination, “the Commissioner upon being so notified shall order that the invention be kept secret and shall withhold the grant of a patent...” If the Commissioner makes such a determination, the Commissioner “shall make the application for patent in which such invention is disclosed available for inspection to the Atomic Energy Commission, the Secretary of Defense, and the chief officer of any other department or agency of the Government designated by the President as a defense agency of the United States.”
At any part of the process, any of the aforementioned reviewing agencies may request issuance of a "Secrecy Order." The Commissioner for Patents must thereafter impose the Secrecy Order. Failure to comply with the terms of a Secrecy Order may result in abandonment of the application under 35 U.S.C. §182 and a monetary fine and/or imprisonment as specified under 35 U.S.C. §186.
More information about the Secrecy Orders and the Invention Secrecy Act of 1951 can be found here:
http://www.quinniplaw.com/the-potential-snare-of-secrecy-review-in-the-us-patent-prosecution/
The gist of these statutory provisions is that certain patent applications are going to be flagged for special governmental processing if “in the opinion of the head of the interested Government agency, (disclosure of the technology would) be detrimental to the national security.”
In response to such a determination, “the Commissioner upon being so notified shall order that the invention be kept secret and shall withhold the grant of a patent...” If the Commissioner makes such a determination, the Commissioner “shall make the application for patent in which such invention is disclosed available for inspection to the Atomic Energy Commission, the Secretary of Defense, and the chief officer of any other department or agency of the Government designated by the President as a defense agency of the United States.”
At any part of the process, any of the aforementioned reviewing agencies may request issuance of a "Secrecy Order." The Commissioner for Patents must thereafter impose the Secrecy Order. Failure to comply with the terms of a Secrecy Order may result in abandonment of the application under 35 U.S.C. §182 and a monetary fine and/or imprisonment as specified under 35 U.S.C. §186.
More information about the Secrecy Orders and the Invention Secrecy Act of 1951 can be found here:
http://www.quinniplaw.com/the-potential-snare-of-secrecy-review-in-the-us-patent-prosecution/
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