Can a secrecy order be appealed or reviewed?

Yes, a secrecy order can be appealed or reviewed. The MPEP 120 states: “A petition for rescission or modification of the secrecy order may be filed at any time.” Here’s what you need to know about the appeal process:

• The petition should be filed with the Patent and Trademark Office (PTO)
• It must include full statements of all facts and circumstances upon which the petition is based
• The petition will be referred to the appropriate agency for consideration and recommendation
• Based on the recommendation, the Commissioner for Patents will make the final decision

If the secrecy order is not rescinded, the applicant may seek further review through legal channels, such as filing a claim in the United States Court of Federal Claims.