How should national security classified patent applications be filed with the USPTO?

National security classified patent applications may be filed with the USPTO in the following ways:

  • Hand-carried to Licensing and Review
  • Mailed to the USPTO in compliance with 37 CFR 5.1(a) and Executive Order 13526
  • Filed via the Department of Defense Secret Internet Protocol Router Network (SIPRNET) – these will be considered filed via the USPTO patent electronic filing system

The applicant must also either obtain a secrecy order or provide authority to cancel the security markings per 37 CFR 5.1(d).

Topics: MPEP 115-Review of Applications for National Security and Property Rights Issues, Patent Law
Tags: classified patent applications, filing classified applications, national security information, secrecy orders