Can protective order materials be submitted under MPEP § 724.02?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, protective order materials can be submitted under MPEP § 724.02 . The MPEP specifically addresses this type of material: ‘Protective order material is defined as trade secret or other confidential information protected by a court entered protective order.’ This provision allows for the submission of materials that are subject to a court-ordered protection. Such materials may include: Confidential business information Sensitive technical data Information protected in ongoing litigation When submitting protective order materials, applicants must ensure they comply with both the court order and the USPTO’s procedures under MPEP § 724.02. This helps maintain the confidentiality of the information while allowing it to be considered in the patent examination process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Trade Secrets Must Not Be Considered During Examination MPEP 724 Recommended Petition to Expunge Trade Secret Information If Not Material MPEP 724.02 Recommended Document Must Label Protective Order Status MPEP 724.02 Required Submission of Trade Secrets Must Not Disclose Material Information MPEP 724 Recommended Patent Grant vs Trade Secret Protection Conflict MPEP 724 Material Information Must Be Disclosed MPEP 724 Required Transmittal Letter Must State Trade Secrets and Protective Orders MPEP 724.02 Required Trade Secrets and Proprietary Materials Must Be Sealed MPEP 724.02 Required Material Information Must Be Disclosed to Office MPEP 724 Permitted Duty to Disclose Material Information During Reexamination MPEP 724 Other Related FAQs 5 FAQs Collapse What happens if a reissue application is abandoned with submitted materials under MPEP § 724.02? What...