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:
- Notify the applicant via Licensing and Review
- Ask the applicant to either:
- Explain the markings
- Remove improper markings
- Obtain a Secrecy Order if necessary
- 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