What 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:

  1. Notify the applicant via Licensing and Review
  2. Ask the applicant to either:
    • Explain the markings
    • Remove improper markings
    • Obtain a Secrecy Order if necessary
  3. Potentially refer the application to a defense agency for review under 35 U.S.C. 181 second paragraph if improper markings are found and removed
Topics: MPEP 121-Handling of Applications under Secrecy Order and/or Bearing National Security Markings, Patent Law
Tags: 35 USC 181, international patent applications, licensing and review, national security markings, USPTO