What should an examiner do if they encounter an application with national security markings but no Secrecy Order?

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.

When an examiner encounters an application with national security markings but no Secrecy Order, they must take specific actions. The MPEP instructs: In this case, the examiner should require the applicant to seek imposition of a Secrecy Order or authority to cancel the markings. This should preferably be done with the first action and, in any event, prior to final disposition of the application. This ensures that potentially sensitive information is properly handled during the examination process.

For more information on national security markings, visit: national security markings.

For more information on patent examination, visit: patent examination.