How does the USPTO handle petitions to expunge trade secret information?

How does the USPTO handle petitions to expunge trade secret information?

The USPTO treats petitions to expunge trade secret information with particular care. According to MPEP 724.06:

“Where the petition is filed by a trade secret owner, the examiner will consider whether the petition complies with the requirements of 37 CFR 1.59(b). The examiner will not evaluate the merits of the petitioner’s claim that the material is trade secret information.”

This means that the examiner focuses on whether the petition meets the formal requirements set out in 37 CFR 1.59(b), rather than judging whether the information truly qualifies as a trade secret. The decision to grant or deny the petition is based on compliance with these requirements, not on an evaluation of the trade secret claim itself.

To learn more:

• trade secret
• petition to expunge
• USPTO handling
• 37 CFR 1.59(b)

To learn more:

• 37 CFR 1.59(b)