What are the labeling requirements for protective order materials submitted to the USPTO?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.