How are applications under Secrecy Order handled in interference searches?

Applications held under Secrecy Order require special handling during interference searches. According to MPEP 1302.08, “An interference search of those applications held under Secrecy Order, which are reviewed by Licensing and Review, may be required. Inspection of pertinent prints, drawings, brief cards, and applications will be done on request by an examiner associated with Licensing…

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How are papers containing security markings like “Secret” or “Confidential” treated by the USPTO?

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…

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

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…

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How are applications with Secrecy Orders examined?

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…

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