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…
Read MoreHow should proprietary or trade secret information be submitted in patent term extension applications?
When submitting proprietary or trade secret information for patent term extension applications, applicants should follow specific procedures. MPEP 2760 provides guidance: “Proprietary or trade secret information should be submitted generally in accordance with the procedures set forth in MPEP § 724.02. Identification of the propriety or trade secret material should be made by page, line,…
Read MoreWhat happens if the USPTO receives a FOIA request for confidential information in a patent term extension application?
If the United States Patent and Trademark Office (USPTO) receives a Freedom of Information Act (FOIA) request for confidential information in a patent term extension application, specific procedures are followed. According to MPEP 2760: “Should the Office receive a Freedom of Information Act (FOIA) request for the material, the applicant will be provided notice and…
Read MoreWhat is the process for expunging confidential information from patent term extension applications?
The process for expunging confidential information from patent term extension applications is outlined in MPEP 2760. The key points are: “Otherwise, if a suitable petition to expunge is filed before the issuance of the certificate, the trade secret or confidential information will be expunged from the file and returned to the patent term extension applicant.”…
Read MoreCan information submitted for patent term extension be kept confidential?
Generally, information submitted for patent term extension applications cannot be kept entirely confidential. MPEP 2760 states: “While one submitting such materials to the Office in relation to a pending application for patent term extension must generally assume that such materials will be made of record in the file and be made public, the Office is…
Read MoreWhen does confidential information in patent term extension applications become public?
The timing of when confidential information in patent term extension applications becomes public is addressed in MPEP 2760. The section states: “The information will not be made public as part of the patent file before a certificate of patent extension is issued. […] If such information was material to a determination of eligibility or any…
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