How should national security classified patent applications be filed with the USPTO?

Question

Accepted Answer

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. National security classified patent applications may be filed with the USPTO in the following ways: Hand-carried to Licensing and Review Mailed to the USPTO in compliance with 37 CFR 5.1(a) and Executive Order 13526 Filed via the Department of Defense Secret Internet Protocol Router Network (SIPRNET) – these will be considered filed via the USPTO patent electronic filing system The applicant must also either obtain a secrecy order or provide authority to cancel the security markings per 37 CFR 5.1(d) . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Review of Applications for Foreign Filing Licenses MPEP 115 National Security Classified Documents Must Follow Special Procedures MPEP 115 Required National Security Markings Required for Classified Applications MPEP 115 Permitted Applications Screened for National Security Impacts MPEP 115 Contact Licensing and Review for Defense Agency Contacts MPEP 115 Permitted Notification Responsibility for Secrecy Orders Resides with Agency Having Property Interest MPEP 115 Invention Secrecy When National Security At Risk MPEP 115 Required Identify Inventions for DOE/NASA Property Rights MPEP 115 Application Under Secrecy Order Requires Paper File MPEP 115 Applications Must Clear Secrecy Review Before Issuance MPEP 115 Required Other Related FAQs 5 FAQs Collapse What is the purpose of reviewing patent applications for national security and property rights issues? What happens if a defense agency determines an invention disclosed in a patent application would be detrimental to national security? How does the USPTO ensure that applications are cleared from secrecy review before issuance? What is the process for obtaining a forei...