How is trade secret or confidential information handled in patent term extension applications?

The Manual of Patent Examining Procedure (MPEP) provides guidance on handling trade secret or confidential information in patent term extension applications. According to MPEP 2760:

“There is no provision in the statute or the rules for withholding from the public any information that is submitted to the Office or the regulatory agency relating to an application for patent term extension.”

However, the Office recognizes the challenges this may pose. Applicants can submit proprietary or trade secret information following the procedures outlined in MPEP § 724.02. It’s important to note that:

• The applicant is responsible for identifying proprietary or trade secret material.
• The information will not be made public before a certificate of patent extension is issued.
• If a Freedom of Information Act (FOIA) request is received, the applicant will be notified and given a chance to substantiate their claim of proprietary information.

To learn more:

• trade secret
• confidential information
• patent term extension
• FOIA
• proprietary information