How should parties comment on material submitted under MPEP § 724?

When parties need to comment on material submitted under MPEP § 724, they should follow specific guidelines to maintain confidentiality. The MPEP provides the following advice:

If the party or parties served find it necessary or desirable to comment on material submitted under MPEP § 724 before it is, or without its being, found ‘material to patentability,’ such comments should either (A) not disclose the details of the material or (B) be submitted in a separate paper under MPEP § 724.02.

This guidance offers two options for commenting on confidential material:

  • Comment without disclosing specific details of the confidential material
  • Submit comments as a separate, confidential paper under MPEP § 724.02

By following these guidelines, parties can provide necessary feedback while maintaining the confidentiality of the original submission.

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Tags: Confidential Comments, Mpep 724, patent examination, Trade Secrets