How are trade secret materials handled when submitted in amendments or arguments?
When trade secret, proprietary, or protective order materials are submitted as part of amendments, arguments for patentability, or affidavits, they are treated differently than those submitted under MPEP § 724.02. The MPEP states:
If any trade secret, proprietary, and/or protective order materials are submitted in amendments, arguments in favor of patentability, or affidavits under 37 CFR 1.130, 1.131 or 1.132, they will be made of record in the file and will not be given any special status.
This means that such materials will become part of the public record and will not receive the confidential treatment provided by the procedures in MPEP § 724.02. Applicants should be cautious about including sensitive information in these types of submissions if they wish to maintain confidentiality.
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