Can a patent application under secrecy order be appealed?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, patent applications under secrecy orders can be appealed, but with certain restrictions. MPEP 120 states: ‘ Appeals to the Patent Trial and Appeal Board and petitions to the Director under 37 CFR 1.181 are available to the applicant in secrecy order cases, but those actions will not set aside the secrecy order. ‘ This means that while you can appeal decisions related to the patentability of your application, such appeals cannot challenge or remove the secrecy order itself. The secrecy order remains in effect regardless of the appeal process. For more information on patent appeal, visit: patent appeal . For more information on patent procedure, visit: patent procedure . For more information on patent trial and appeal board, visit: patent trial and appeal board . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Types of Secrecy Orders for Patent Applications MPEP 120 Type II Secrecy Order for Patent Applications with Classified Data MPEP 120 Requirement for Prosecuting Application Under Secrecy Order MPEP 120 Required Type I Secrecy Order for Patent Applications MPEP 120 Correspondence Must Be Confidential Under Secrecy Order MPEP 120 Required Subject Matter Under Secrecy Order Must Be Protected MPEP 120 Required Secrecy Order Applies to Invention and Related Applications MPEP 120 Required International Applications and Design Applications Under Secrecy Order Cannot Be Mailed to International Authorities or Applicants MPEP 120 Required Applicant Notified of Secrecy Order Renewal MPEP 120 National Security Classified Patent Application Must Be Declassified Before Publication and Allowance MPEP 120 Other Related FAQs 5 FAQs Collapse What are the consequences of ...