Can trade secrets be protected when submitting information to the USPTO?
While the USPTO generally assumes that submitted materials will become part of the public record, there are some situations where trade secrets can be partially protected. According to MPEP 724:
In some circumstances, it may be possible to submit the information in such a manner that legitimate trade secrets, etc., will not be disclosed, e.g., by appropriate deletions of nonmaterial portions of the information.
However, this approach should only be used when it does not result in the loss of information material to patentability as defined in 37 CFR 1.56 or 37 CFR 1.555. It’s important to note that the obligation to disclose material information takes precedence over trade secret protection in the context of patent applications.
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