USPTO Seeks Comments on Updating Patent Secrecy and Export License Forms
Published Date: 11/19/2025
Notice
Summary
The USPTO is asking for public feedback on updating the forms and rules about keeping some patent info secret and controlling patent exports to protect national security. This affects inventors and companies who want to file patents abroad or deal with sensitive tech. Comments are open until January 20, 2026, and the update aims to keep the process smooth without extra costs.
Analyzed Economic Effects
4 provisions identified: 0 benefits, 4 costs, 0 mixed.
Secrecy orders can withhold patents for national security
If an interested Government agency finds disclosure harmful to national security, the USPTO can place a secrecy order that withholds publication and the grant of a patent. A secrecy order remains in effect for one year from its date and may be renewed in one‑year increments; international applications under a secrecy order will not be forwarded to the International Bureau while the order is in effect.
Annual paperwork time and cost burdens
The USPTO estimates this collection will involve 7,318 respondents and 7,318 responses annually, totaling 4,207 respondent hours and an estimated $1,880,529 in hourly cost burden each year. The agency also estimates $1,622,976 in yearly non-hour costs (filing fees and postage). Comments on this collection are due January 20, 2026.
Per-petition filing fees for export/secrecy petitions
The rule lists specific filing fees for petitions: many expedited license petitions cost $235 for undiscounted entities, $94 for small entities, and $47 for micro entities. For example, 6,342 expedited no‑corresponding‑application petitions are priced at $235 each, producing a large part of the $1,622,158 total estimated annual non‑hour cost burden.
Foreign filing license and retroactive license process
Filing a U.S. patent application is treated as a request for a foreign filing license, but applicants may petition for a foreign filing license before a U.S. filing, request a change in license scope, or seek a retroactive license if an application was filed abroad without the proper license. These petitions are included in the information collection and may require the time and fees described.
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Key Dates
Department and Agencies
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