Can 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 not unmindful of the difficulties this sometimes imposes.”

However, there are some protections:

• Information will not be made public before a certificate of patent extension is issued.
• Applicants can follow procedures in MPEP § 724.02 for submitting proprietary or trade secret information.
• If the information wasn’t material to determining eligibility under 35 U.S.C. 156, it may be expunged if a suitable petition is filed before the certificate is issued.

To learn more:

• confidentiality
• patent term extension
• trade secrets
• proprietary information
• expungement