Can an applicant appeal a secrecy order issued on their patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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, an applicant can appeal a secrecy order issued on their patent application. According to MPEP 120 , “An 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.” This means that the applicant must first: Petition for rescission of the secrecy order If the petition is denied, then appeal to the Secretary of Commerce The appeal process is governed by the provisions of 35 U.S.C. 181 and provides a mechanism for applicants to challenge the imposition of a secrecy order. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Appeal to Secretary of Commerce After Rescission Denial MPEP 120 Prohibited Appeal May Be Taken to Secretary of Commerce MPEP 120 Permitted Petition for Secrecy Order Rescission or Modification MPEP 120 Permitted Applicant Must Obtain Secrecy Order for National Security Patent MPEP 120 Required Petition for Removal of Secrecy Order Required MPEP 120 Required Petition for Modification of Secrecy Order Must Identify Countries and Disclosees MPEP 120 Required Secrecy Order Applications Cannot Be Filed Directly With EPO MPEP 120 Prohibited Rescission of Secrecy Order by Expunging Sensitive Subject Matter MPEP 120 Permitted Petition for Secrecy Order Modification or Rescission MPEP 120 Secrecy Order Can Be Extended for National Interest MPEP 120 Permitted Other Related FAQs 5 FAQs Collapse What are the consequences of violating a secrecy order on a patent application? How long can a secrecy order remain in effect for a patent application? What is the purpose of a secrecy order in patent applications? How does a secrecy orde...