Can a secrecy order be appealed or challenged?

Can a secrecy order be appealed or challenged?

Yes, a secrecy order can be appealed or challenged. The MPEP 120 states: “A petition for rescission or modification of the secrecy order may be filed by the principal inventor, any of the joint inventors, or the assignee.” This means that:

• The principal inventor
• Any joint inventors
• The assignee of the patent application

can file a petition to challenge or seek modification of a secrecy order. The petition should be directed to the Commissioner for Patents and should include supporting reasons for the requested rescission or modification. It’s important to note that while an appeal is possible, secrecy orders are typically issued for national security reasons, so the process of challenging them can be complex and may require careful consideration of security implications.