How are proprietary materials handled under MPEP § 724.02?
How are proprietary materials handled under MPEP § 724.02? Proprietary materials submitted under MPEP § 724.02 are handled with special care to protect sensitive information. The MPEP states: ‘Proprietary information, which is information not trade secret information but which the submitter considers to be sensitive, may be submitted in a patent application or reexamination proceeding…
Read MoreHow are materials submitted under MPEP § 724.02 handled in patent applications?
Materials submitted under MPEP § 724.02 are handled differently depending on whether they are submitted in an original application subject to 35 U.S.C. 122 or in a reissue application or reexamination file open to the public. For original applications: Materials are maintained in a sealed envelope marked ‘Not Open To The Public’ They are not…
Read MoreWhat is the process for expunging information from a patent application file?
The process for expunging information from a patent application file is outlined in 37 CFR 1.59. An applicant can request expungement by: Filing a petition under 37 CFR 1.59(b) Paying the required fee set forth in 37 CFR 1.17(g) Establishing to the satisfaction of the Director that the expungement is appropriate The MPEP states: Expungement…
Read MoreWhat is the process for handling confidential materials in reexamination proceedings?
In reexamination proceedings open to the public under 37 CFR 1.11(d), confidential materials submitted under MPEP § 724.02 are handled as follows: Materials are sealed from public view and kept separate from the main reexamination file A petition to expunge should accompany the submission or be filed shortly after The examiner determines the materiality of…
Read MoreHow are confidential materials handled in reissue applications open to the public?
Confidential materials submitted under MPEP § 724.02 in reissue applications open to the public under 37 CFR 1.11(b) are handled as follows: Materials are kept separate from the main application file They are not publicly available until a determination of materiality to patentability is made If found not material, they can be expunged upon petition…
Read MoreHow does access to confidential information affect copying claims in patent disputes?
Access to confidential information can significantly strengthen copying claims in patent disputes. MPEP 716.06 cites the case of Liqwd, Inc. v. L’Oreal USA, Inc. to illustrate this point: “Evidence that shows access to a competitor’s non-public information and use of that information to develop a product may be persuasive evidence of copying. Liqwd, Inc. v.…
Read MoreWhat procedures does the USPTO use to ensure completeness of the patent file wrapper?
The USPTO has established specific procedures to ensure the completeness of the patent file wrapper while protecting sensitive information. MPEP 724.01 mentions that The procedures set forth in the following sections are designed to enable the Office to ensure as complete a patent file wrapper as possible while preventing unnecessary public disclosure of trade secrets,…
Read MoreHow does the USPTO handle confidential information in patent applications?
How does the USPTO handle confidential information in patent applications? The United States Patent and Trademark Office (USPTO) has specific procedures for handling confidential information in patent applications. According to MPEP 724.01, the USPTO recognizes the need to protect certain types of sensitive information while maintaining the completeness of the patent file wrapper. Here’s how…
Read MoreHow does the USPTO handle confidential information in patent applications?
The United States Patent and Trademark Office (USPTO) has strict rules for handling confidential information in patent applications, especially for those filed before June 8, 1995. According to MPEP 704.11(a): “Regarding the identification of applications filed before June 8, 1995, 35 U.S.C. 122(a) requires the identified applications to be kept in confidence by the Office…
Read MoreCan protective order materials be submitted under MPEP § 724.02?
Can protective order materials be submitted under MPEP § 724.02? Yes, protective order materials can be submitted under MPEP § 724.02. The MPEP specifically addresses this type of material: ‘Protective order material is defined as trade secret or other confidential information protected by a court entered protective order.’ This provision allows for the submission of…
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