What additional documents should accompany a submission of confidential materials to the USPTO?
When submitting confidential materials to the USPTO, you should include additional documents to ensure proper handling. The MPEP states:
The envelope or container must be accompanied by a transmittal letter which also contains the same identifying information as the envelope or container. The transmittal letter must also state that the materials in the envelope or container are considered trade secrets or proprietary, or are subject to a protective order, and are being submitted for consideration under MPEP § 724.
Additionally, it’s recommended to include:
- A petition under 37 CFR 1.59 to expunge the information if found not to be material to patentability
- The required fee for the petition (37 CFR 1.17(g))
These additional documents help ensure that the confidential materials are properly handled and can be expunged if necessary.
To learn more: