How does the USPTO balance full disclosure and protection of sensitive information?
The USPTO strives to maintain a balance between full disclosure of material information and protection of sensitive data. MPEP 724.01 states: The Office attempts to minimize the potential conflict between full disclosure of ‘material’ information as required by 37 CFR 1.56 and protection of trade secret, proprietary, and protective order material to the extent possible.…
Read MoreHow should envelopes containing trade secret or proprietary materials be addressed to the USPTO?
Envelopes or containers with trade secret or proprietary materials should be clearly addressed and labeled. The MPEP provides examples of appropriate labels: A. ‘TRADE SECRET MATERIAL NOT OPEN TO PUBLIC. TO BE OPENED ONLY BY EXAMINER OR OTHER AUTHORIZED U.S. PATENT AND TRADEMARK OFFICE EMPLOYEE. DO NOT SCAN’ or B. ‘PROPRIETARY MATERIAL NOT OPEN TO…
Read MoreHow should trade secret or proprietary materials be submitted to the USPTO?
Trade secret or proprietary materials must be clearly labeled and submitted in a sealed, clearly labeled envelope or container. The MPEP states: Information which is considered by the party submitting the same to be either trade secret material or proprietary material, and any material subject to a protective order, must be clearly labeled as such…
Read MoreWhat are the requirements for filing a petition to expunge information submitted under MPEP § 724.02?
To file a petition to expunge information submitted under MPEP § 724.02, you must meet several requirements as outlined in MPEP 724.05: File the petition fee under 37 CFR 1.17(g) Submit the petition at the time of filing the information or shortly thereafter Direct the petition to the Technology Center (TC) to which the application…
Read MoreWhat is a petition to expunge information in a patent application?
A petition to expunge information in a patent application is a formal request to remove certain information from the application file. This process is governed by 37 CFR 1.59(b) and is typically used for sensitive or proprietary information that was submitted unintentionally or under specific conditions. According to MPEP 724.05, A petition under 37 CFR…
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