How should proprietary or trade secret information be submitted in patent term extension applications?

When submitting proprietary or trade secret information for patent term extension applications, applicants should follow specific procedures. MPEP 2760 provides guidance:

“Proprietary or trade secret information should be submitted generally in accordance with the procedures set forth in MPEP § 724.02. Identification of the propriety or trade secret material should be made by page, line, and word, as necessary.”

Key points to remember:

• Follow the procedures outlined in MPEP § 724.02 for submitting proprietary information.
• Clearly identify the specific proprietary or trade secret material by page, line, and word.
• The USPTO will not determine what constitutes proprietary information; this responsibility lies with the applicant.
• As stated in MPEP 2760, “The Office will not in the first instance undertake the task of determining the precise material in the application which is proprietary or trade secret information. Only the applicant is in a position to make this determination.”

Applicants should be thorough and precise in their identification of proprietary information to ensure proper handling by the USPTO.

To learn more:

• proprietary information
• trade secrets
• patent term extension
• MPEP 724.02
• submission procedures