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…

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What 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…

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What types of requests are decided by the Office of General Law in the USPTO?

The Office of General Law in the USPTO is responsible for deciding three main types of requests: Requests filed under the Freedom of Information Act (FOIA) Administrative appeals of the FOIA Officer’s decision Certain uncontested decisions involving the Office of Enrollment and Discipline As stated in MPEP 1002.02(k)(2): “1. Requests filed under the Freedom of…

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What is the process for appealing a FOIA Officer’s decision at the USPTO?

If you’re unsatisfied with a FOIA Officer’s decision regarding your Freedom of Information Act request at the USPTO, you can file an administrative appeal. The MPEP 1002.02(k)(2) states that the Office of General Law is responsible for deciding “2. Administrative appeals of the FOIA Officer’s decision.” To appeal a FOIA decision: Submit your appeal in…

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