Patent law and understanding a third-level security review

| Sep 15, 2020 | Patent Law |

It can be exciting when a New Jersey resident creates a product or has an idea that he or she believes would be innovative and effective. To protect the inventor and ensure that it cannot be taken and replicated without approval, getting a patent is a wise step. There are various requirements to receive a patent. Some are obvious. However, others might be confusing and people are unaware of them and what they mean.

What is a third-level security review?

For some inventions, there are national security concerns that must be addressed. This is when it is important to know what a third-level security review is, what it entails, and how long it takes. If the United States Patent and Trademark Office (USPTO) determines that an application could hinder national security, it will be subject to a review from the applicable defense agency. The defense agency must assess the product up for patent and decide if it needs a secrecy order. If it is needed, the inventor will be informed that this is the case.

Patent applications are in the public record. This means that if it is a threat to national security or a potential threat, it cannot be published before it is found to be safe. Examples of inventions that may not be safe for public view are weapons and surveillance. The application will not be published until there has been a determination. The defense agencies seek to complete the process within six months. Even with that goal, it can take longer because there are generally a significant number of applications for patents that must be reviewed at this level.

Legal assistance may be necessary with any patent

Understanding how a third-level security review will impact a potential patent is a critical factor in having it approved. For this and other issues related to patents, having legal assistance is essential. Consulting with a law firm that specializes in trademarks, intellectual property and patent law can make certain that the hard work involved with an invention is rewarded. The various parts of a patent from searching if there is a similar product on the market, what patent to choose, how to protect patents and more can be complex. Experienced legal assistance may be imperative.


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