Can an applicant petition for rescission or modification of a Secrecy Order?

Yes, an applicant can petition for rescission or modification of a Secrecy Order. The MPEP states:

Applicants may petition for rescission or modification of the Secrecy Order. For example, if the applicant believes that certain existing facts or circumstances would render the Secrecy Order ineffectual, they may informally contact the sponsoring agency to discuss these facts or formally petition the Commissioner for Patents to rescind the Order.

The process for petitioning is outlined in 37 CFR 5.4 and 5.5. Key points include:

• Petitions must be filed in duplicate and recite facts that purport to render the order ineffectual or futile.
• For modification to permit foreign filing, all countries and disclosees must be identified.
• Appeals can be made to the Secretary of Commerce if a petition for rescission is denied.

Applicants should carefully consider the reasons for seeking rescission or modification and provide comprehensive information in their petition.