Patent Law FAQ

• Deleted from any image file system within the USPTO
• Converted to paper
• Held with Licensing and Review
• Transferred to a designated examiner for examination

For applications filed with apparent national security markings, the USPTO will:

1. Notify the applicant via Licensing and Review
2. Ask the applicant to either:
   • Explain the markings
   • Remove improper markings
   • Obtain a Secrecy Order if necessary
3. 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

The MPEP states:

All applications or papers, including non-patent literature, in the U.S. Patent and Trademark Office bearing words such as “Secret,” “Confidential,” “ITAR” or similar must be promptly referred to Licensing and Review for clarification or security treatment.

These papers cannot be placed in public records like patented files until the security markings are declassified or explained.

When a Secrecy Order is imposed on a patent application, it is examined in a secure location by examiners with national security clearances under the control of Licensing and Review. If the Secrecy Order is imposed after the application is already docketed in another Technology Center, it will be transferred to a designated examiner in Licensing and Review.

As stated in MPEP 130, “Secrecy Order cases are examined for patentability as in other cases, but will not be passed to issue; nor will an interference or derivation be instituted where one or more of the conflicting cases is classified or under Secrecy Order.”

Applications with Secrecy Orders are examined in a secure location by examiners with national security clearances under the control of Licensing and Review. As stated in the MPEP, All applications in which a Secrecy Order has been imposed are examined in a secure location by examiners possessing national security clearances under the control of Licensing and Review. This ensures that sensitive information remains protected during the examination process.

For more information on licensing and review, visit: licensing and review.

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

An applicant can request review of a refusal to accord a filing date by filing a petition. The MPEP states:

Any review of the refusal to grant a filing date as of the date of deposit of the application would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)). Petitioner should provide any arguments that he or she has that the items noted were not missing or that a filing date should be assigned in the absence of such items if they are believed to be unnecessary.

The petition should be marked to the attention of the Office of Petitions. If the applicant believes no defect exists, they may include a request for refund of the petition fee in the petition.

An applicant can request review of a refusal to accord a filing date by filing a petition. The MPEP states:

Any review of the refusal to grant a filing date as of the date of deposit of the application would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)). Petitioner should provide any arguments that he or she has that the items noted were not missing or that a filing date should be assigned in the absence of such items if they are believed to be unnecessary.

The petition should be marked to the attention of the Office of Petitions. If the applicant believes no defect exists, they may include a request for refund of the petition fee in the petition.

Applications subject to a Secrecy Order will be:

• Deleted from any image file system within the USPTO
• Converted to paper
• Held with Licensing and Review
• Transferred to a designated examiner for examination

When a Secrecy Order is imposed on a patent application, it is examined in a secure location by examiners with national security clearances under the control of Licensing and Review. If the Secrecy Order is imposed after the application is already docketed in another Technology Center, it will be transferred to a designated examiner in Licensing and Review.

As stated in MPEP 130, “Secrecy Order cases are examined for patentability as in other cases, but will not be passed to issue; nor will an interference or derivation be instituted where one or more of the conflicting cases is classified or under Secrecy Order.”

For applications filed with apparent national security markings, the USPTO will:

1. Notify the applicant via Licensing and Review
2. Ask the applicant to either:
   • Explain the markings
   • Remove improper markings
   • Obtain a Secrecy Order if necessary
3. 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

An applicant can request review of a refusal to accord a filing date by filing a petition. The MPEP states:

Any review of the refusal to grant a filing date as of the date of deposit of the application would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)). Petitioner should provide any arguments that he or she has that the items noted were not missing or that a filing date should be assigned in the absence of such items if they are believed to be unnecessary.

The petition should be marked to the attention of the Office of Petitions. If the applicant believes no defect exists, they may include a request for refund of the petition fee in the petition.

The MPEP states:

All applications or papers, including non-patent literature, in the U.S. Patent and Trademark Office bearing words such as “Secret,” “Confidential,” “ITAR” or similar must be promptly referred to Licensing and Review for clarification or security treatment.

These papers cannot be placed in public records like patented files until the security markings are declassified or explained.

Applications with Secrecy Orders are examined in a secure location by examiners with national security clearances under the control of Licensing and Review. As stated in the MPEP, All applications in which a Secrecy Order has been imposed are examined in a secure location by examiners possessing national security clearances under the control of Licensing and Review. This ensures that sensitive information remains protected during the examination process.

For more information on licensing and review, visit: licensing and review.

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

An applicant can request review of a refusal to accord a filing date by filing a petition. The MPEP states:

Any review of the refusal to grant a filing date as of the date of deposit of the application would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)). Petitioner should provide any arguments that he or she has that the items noted were not missing or that a filing date should be assigned in the absence of such items if they are believed to be unnecessary.

The petition should be marked to the attention of the Office of Petitions. If the applicant believes no defect exists, they may include a request for refund of the petition fee in the petition.

Applications with Secrecy Orders are examined in a secure location by examiners with national security clearances under the control of Licensing and Review. As stated in the MPEP, All applications in which a Secrecy Order has been imposed are examined in a secure location by examiners possessing national security clearances under the control of Licensing and Review. This ensures that sensitive information remains protected during the examination process.

For more information on licensing and review, visit: licensing and review.

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