37 CFR § 5.4 — Petition for rescission of secrecy (MPEP Coverage Index) – BlueIron IP
37 CFR § 5.4 Petition for rescission of secrecy
This page consolidates MPEP guidance interpreting 37 CFR § 5.4, including 17 rules 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.
Summary
This section provides detailed guidance on petitioning for the rescission of secrecy orders, including key requirements and procedures. It covers how to contact the sponsoring agency for assistance in determining sensitive subject matter and filing a petition with the Commissioner for Patents.
What this section covers
- Petitions to rescind or modify secrecy orders are covered under this section.
Key obligations
- Applicants must petition the Commissioner for Patents to rescind or modify a secrecy order.
- Provide detailed reasons why the secrecy order should be rescinded or modified.
- Adhere to specific requirements outlined in 37 CFR 5.4.
Practice notes
- Ensure all required information is included in the petition to avoid delays.
- Contact the sponsoring agency directly for assistance in determining sensitive subject matter.
Official MPEP § 5.4 — Petition for rescission of secrecy
Source: USPTOLast Modified: 10/30/2024 08:50:22
5.4 Petition for rescission of secrecy order.
- (a) A petition for rescission or removal of a secrecy order may be filed by, or on behalf of, any principal affected thereby. Such petition may be in letter form, and it must be in duplicate.
- (b) The petition must recite any and all facts that purport to render the order ineffectual or futile if this is the basis of the petition. When prior publications or patents are alleged the petition must give complete data as to such publications or patents and should be accompanied by copies thereof.
- (c) The petition must identify any contract between the Government and any of the principals under which the subject matter of the application or any significant part thereof was developed or to which the subject matter is otherwise related. If there is no such contract, the petition must so state.
- (d) Appeal to the Secretary of Commerce, as provided by 35 U.S.C. 181 , from a secrecy order cannot be taken until after a petition for rescission of the secrecy order has been made and denied. Appeal must be taken within sixty days from the date of the denial, and the party appealing, as well as the department or agency which caused the order to be issued, will be notified of the time and place of hearing.
[24 FR 10381, Dec. 22, 1959; paras. (a) and (d) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]
| MPEP Section | Rules |
|---|---|
| MPEP § 1002.02(c)(1) | |
| MPEP § 120 |