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…
Read MoreWhat 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…
Read MoreWhat actions can be taken if a patent application contains national security markings but no Secrecy Order?
If an examiner comes across a patent application that contains national security markings but does not have a Secrecy Order imposed, MPEP 130 instructs that “the examiner should require the applicant to seek imposition of a Secrecy Order or authority to cancel the markings.” This should be done preferably with the first office action and…
Read MoreWhat should an examiner do if they encounter an application with national security markings but no Secrecy Order?
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…
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