How are national security classified patent applications handled by the USPTO?

National security classified patent applications require special handling by the USPTO. The MPEP states that:

National security classified documents filed in the USPTO must be either hand-carried to Licensing and Review or mailed to the Office in compliance with37 CFR 5.1(a)and Executive Order 13526 of December 29, 2009.

However, the USPTO has made provisions for secure electronic filing:

The Office will accept such applications filed with the USPTO via the Department of Defense Secret Internet Protocol Router Network (SIPRNET) and consider them as filed via the USPTO patent electronic filing system for purposes of37 CFR 1.16(t)and37 CFR 1.445(a)(ii).

Applicants filing national security classified applications must also obtain a secrecy order or provide authority to cancel the security markings, as per37 CFR 5.1(d). The USPTO’s Licensing and Review office can provide a list of contacts at the appropriate defense agencies for this purpose.

For more information on classified patent applications, visit: classified patent applications.