How can I request modification or rescission of a secrecy order on my patent application?

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.

To request modification or rescission of a secrecy order on your patent application, you need to file a petition with the USPTO. These petitions are decided by the Director of the Technology Center who Oversees Licensing and Review.

According to MPEP 1002.02(c)(1):

• “Petitions for rescission of secrecy order, 37 CFR 5.4, MPEP § 120.”
• “Petitions for modification of secrecy order, 37 CFR 5.5(c), MPEP § 120.”

Additionally, petitions to permit disclosure of subject matter under a secrecy order (37 CFR 5.5(b)) are also handled by this Director. For more information on secrecy orders, refer to MPEP 120.