How should patent owners handle confidential information in supplemental examination?
When dealing with confidential information in supplemental examination, patent owners must balance the need for disclosure with protecting sensitive data. The MPEP 2809 does not specifically address confidentiality in the context of items of information. However, general USPTO practices for handling confidential information apply:
- Avoid submitting unnecessary confidential information
- If confidential information is crucial, consider filing a petition to expunge
- Mark confidential documents clearly as “CONFIDENTIAL”
- Redact sensitive information when possible, providing only relevant portions
Patent owners should be aware that information submitted for supplemental examination becomes part of the patent’s file wrapper and may become publicly available. The MPEP 724 provides guidance on handling trade secret, proprietary, and protective order materials:
“If the materials are trade secret, proprietary, and/or subject to a protective order, the materials must be accompanied by a petition to expunge the materials.”
It’s advisable to consult with a patent attorney to determine the best approach for handling confidential information in your specific case, ensuring compliance with USPTO regulations while protecting sensitive data.
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