Can a patent application under secrecy order be appealed?

Can a patent application under secrecy order be appealed?

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.