What happens if a patent application is filed with the USPTO containing what appears to be national security markings?

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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. For applications filed with apparent national security markings, the USPTO will: Notify the applicant via Licensing and Review Ask the applicant to either: Explain the markings Remove improper markings Obtain a Secrecy Order if necessary Potentially refer the application to a defense agency for review under 35 U.S.C. 181 second paragraph if improper markings are found and removed Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Applicant Must Explain National Security Markings MPEP 121 Application May Be Referred to Defense Agency After Improper Markings Removal MPEP 121 Permitted Security Markings Must Be Present for Filing MPEP 121 Security Markings on Patent Drawings MPEP 121 Permitted National Security Markings Required for Classified Applications MPEP 115 Permitted National Security Classified Patent Application Must Be Declassified Before Publication and Allowance MPEP 120 Secrecy Order Required for National Security Marked Patents MPEP 130 Required Security Markings on Patent Drawings Must Be Outside Illustrations and Removed Upon Declassification MPEP 121 Secrecy Markings Must Be Reviewed Before Filing MPEP 121 Required Patent Applications with National Security Concerns Must Not Be Published MPEP 101 Required Other Related FAQs 5 FAQs Collapse What are the requirements for personnel working with secrecy order applications? How are classified documents marked at the USPTO? What are the procedures for transmitting secrecy order applications within the USPTO? What happens to patent applications subject to a Secrecy Order at the USPTO? How are papers containing security markings like &#8220;Secret&#8221; or &#8220;Confidential&#8221; treated by the USPTO?