How are classified documents marked at the USPTO?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

Classified documents at the USPTO are marked with specific security classifications. According to MPEP 121:

  • Documents are marked as ‘Secret,’ ‘Confidential,’ or ‘Restricted Data’
  • These markings indicate the level of security required for handling the document
  • Each page of a classified document must bear the appropriate marking

The MPEP states: ‘All papers in the application and contents of the file jacket are marked with the highest level of security to which the application has been assigned.’ This ensures that all parts of the application are treated with the appropriate level of security throughout the examination process.

Topics: MPEP 121-Handling of Applications under Secrecy Order and/or Bearing National Security Markings Patent Law Patent Procedure
Tags: Contested Case Jurisdiction