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 does the USPTO handle petitions to expunge trade secret information?
How does the USPTO handle petitions to expunge trade secret information? The USPTO treats petitions to expunge trade secret information with particular care. According to MPEP 724.06: “Where the petition is filed by a trade secret owner, the examiner will consider whether the petition complies with the requirements of 37 CFR 1.59(b). The examiner will…
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 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…
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