121 Handling of Applications and Other Papers Bearing Security Markings [R-2]
Under Executive Order for Classified National Security Information (Exec. Order No. 12958, 60 FR 19825 (April 20, 1995)) > and Executive Order 13292 of March 25, 2003 < 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 in the U.S. Patent and Trademark Office bearing words such as “Secret” or “Confidential” must be promptly referred to Technology Center (TC) Working Group 3640 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.
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).