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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Applicant Must Explain National Security Markings MPEP 121 Security Markings on Patent Drawings MPEP 121 Permitted Security Markings Must Be Present for Filing MPEP 121 Application May Be Referred to Defense Agency After Improper Markings Removal MPEP 121 Permitted Secrecy Markings Must Be Reviewed Before Filing MPEP 121 Required Security Markings on Patent Drawings Must Be Outside Illustrations and Removed Upon Declassification MPEP 121 National Security Markings Required for Classified Applications MPEP 115 Permitted National Security Classified Patent Application Must Be Declassified Before Publication and Allowance MPEP 120 Secrecy Order Applications Cannot Be Filed Directly With EPO MPEP 120 Prohibited Contact Licensing and Review for Defense Agency Contacts MPEP 115 Permitted Other Related FAQs 5 FAQs Collapse What are the requirements for personnel working with secrecy order applications? How are classified documents marked at the USPTO? What are the procedures for transmitting secrecy order applications within the USPTO? What happens if a patent application is filed with the USPTO containing what appears to be national security markings? What happens to patent applications subject to a Secrecy Order at the USPTO?