How can I request modification or rescission of a secrecy order on my patent application?

To request modification or rescission of a secrecy order on your patent application, you need to file a petition with the USPTO. These petitions are decided by the Director of the Technology Center who Oversees Licensing and Review.

According to MPEP 1002.02(c)(1):

  • “Petitions for rescission of secrecy order, 37 CFR 5.4, MPEP § 120.”
  • “Petitions for modification of secrecy order, 37 CFR 5.5(c), MPEP § 120.”

Additionally, petitions to permit disclosure of subject matter under a secrecy order (37 CFR 5.5(b)) are also handled by this Director. For more information on secrecy orders, refer to MPEP 120.

To learn more:

Tags: modification, national security, rescission, Secrecy Order