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 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 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 MoreHow are incorrect papers handled in the patent file wrapper?
How are incorrect papers handled in the patent file wrapper? When a paper is incorrectly placed in the patent file wrapper, the USPTO has specific procedures to handle it while maintaining the integrity of the record. According to MPEP 724.01: ‘If a paper is placed in the file by applicant which discloses proprietary material, it…
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 MoreCan documents be expunged from a patent application file?
Yes, under certain circumstances, documents can be expunged from a patent application file. According to MPEP 719.01: 37 CFR 1.59 provides that certain documents may be expunged if they were unintentionally submitted or contain proprietary information which has not been made public and is not important to a decision of patentability. However, this is an…
Read MoreWhat are examples of trade secret materials submitted under MPEP § 724.02?
What are examples of trade secret materials submitted under MPEP § 724.02? According to MPEP 724.03, examples of trade secret materials that may be submitted under MPEP § 724.02 include: A new drug product A new method of making a drug product Drafts of proposed publications A computer program Customer lists Chemical or other compositions…
Read MoreWhat criteria are used to determine if information should be expunged?
The primary criterion for determining if information should be expunged is whether it is material to patentability. The MPEP defines materiality in this context: ‘Materiality’ is defined as any information which the examiner considers as being important to a determination of patentability of the claims. Additionally, the petition must establish one of the following: The…
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