MPEP § 121 — MPEP § 121
Current through: 2022-07-01

121-Handling of Applications under Secrecy Order and/or Bearing National Security Markings 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 0100 

 Section 121 
 

 
 
 
 
 
 121 Handling of Applications under Secrecy Order and/or Bearing National
 Security Markings [R-07.2022]
 

 Applications subject to Secrecy Order will be deleted from any image file
 system within the USPTO, converted to paper and held with Licensing and Review. The
 application will be transferred to an examiner designated by Licensing and Review for
 examination. Under the current Executive Order for Classified National Security
 Information, standards are prescribed for the marking, handling, and care of official
 information which requires safeguarding in the interest of security.
 

 Papers marked as prescribed in the Executive Orders and showing that such
 marking is applied by, or at the direction of, a government agency, are accepted in patent
 applications. 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. Under no circumstances can any such application, drawing, exhibit, or other
 paper be placed in public records, such as the patented files, until all security markings
 have been considered and declassified or otherwise explained. For applications filed with
 the Office bearing what appears to be National Security Markings, the applicant will be so
 notified by Licensing and Review and asked to explain the markings, remove such markings if
 improper, or obtain a Secrecy Order, if necessary. If markings are found improper and
 removed, the application may be referred to a defense agency if deemed necessary for review
 under the second paragraph of 35 U.S.C. 181 . Any application filed
 directly with Licensing and Review, not bearing proper security markings or Secrecy Order
 will be transmitted to scanning for incorporation as an electronic file in IFW and treated
 as a normal application. 
 

 Authorized security markings may be placed on the patent application
 drawings when filed provided that such markings are outside the illustrations and that they
 are removed when the material is declassified. 37 CFR 1.84(v) .
 

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 101-General 

 102-Information as to Status of an Application 

 103-Right of Public To Inspect Patent Files and Some Application Files 

 104-Power to Inspect Application 

 105-Suspended or Excluded Practitioner Cannot Inspect 

 106-Control of Inspection by Assignee 
 106.01-Rights of Assignee of Part Interest 

 
 

 107‑109-[Reserved] 

 110-Confidential Nature of International Applications 

 111‑114-[Reserved] 

 115-Review of Applications for National Security and Property Rights Issues 

 116‑119-[Reserved] 

 120-Secrecy Orders 

 121-Handling of Applications under Secrecy Order and/or Bearing National Security Markings 

 122‑129-[Reserved] 

 130-Examination of Secrecy Order Cases 

 131‑139-[Reserved] 

 140-Foreign Filing Licenses 

 141‑149-[Reserved] 

 150-Statements to DOE and NASA 

 151-Content of the Statements 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:33