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 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 MoreHow should patent owners handle confidential information in supplemental examination?
When dealing with confidential information in supplemental examination, patent owners must balance the need for disclosure with protecting sensitive data. The MPEP 2809 does not specifically address confidentiality in the context of items of information. However, general USPTO practices for handling confidential information apply: Avoid submitting unnecessary confidential information If confidential information is crucial, consider…
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…
Read MoreWhat are the rules for sealing documents in PTAB proceedings?
The Patent Trial and Appeal Board (PTAB) has specific rules for sealing documents in trial proceedings to protect confidential information. According to MPEP 1002.02(j): “Motions to seal a document or thing in a trial proceeding. 37 CFR 42.14, 42.54, and 42.55.” The process for sealing documents typically involves: Filing a motion to seal, which must…
Read MoreHow 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…
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