Can a Secrecy Order be modified or rescinded?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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, applicants may petition for rescission or modification of a Secrecy Order:n

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  • 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.
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  • Rescission may also be possible by expunging sensitive subject matter from the application, if it’s not needed for an enabling disclosure under 35 U.S.C. 112.
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  • Applicants can also petition for a permit to disclose the invention to another or to modify the order, fully stating the reason or purpose. (MPEP 120 Section V)
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Topics: MPEP 120-Secrecy Orders Patent Law
Tags: Ida Applicant, Ida Correspondence, Ida Requirements, notice of allowance, secrecy orders