What are the labeling requirements for protective order materials submitted to the USPTO?
Materials subject to a protective order must be clearly labeled and submitted following specific guidelines. According to the MPEP:
Each document or item must be clearly labeled as a ‘Trade Secret’ document or item, a ‘Proprietary’ document or item, or as an item or document ‘Subject To Protective Order.’
For items subject to a protective order, the label must include:
- The phrase ‘Subject To Protective Order’
- The proceeding, including the tribunal
- Complete identifying information for the file
The envelope should be labeled with the appropriate information, including the application details and a clear indication that it contains protected material.
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