Does a 37 CFR 1.130(b) declaration need to demonstrate that the disclosure was enabling?

No, a 37 CFR 1.130(b) declaration does not need to demonstrate that the disclosure was enabling under 35 U.S.C. 112(a). The MPEP explicitly states: There is no requirement that the affidavit or declaration demonstrate that the disclosure by the inventor, a joint inventor, or another who obtained the subject matter disclosed directly or indirectly from…

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Can a Secrecy Order be modified or rescinded?

Yes, applicants may petition for rescission or modification of a Secrecy Order:n n Applicants can informally contact the sponsoring defense agency to discuss rendering the order ineffectual, or formally petition the Commissioner for Patents to rescind the order. n Rescission may also be possible by expunging sensitive subject matter from the application, if it’s not…

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