How are proprietary materials handled in reexamination proceedings?
Proprietary materials submitted in reexamination proceedings are handled with care to protect sensitive information. According to MPEP § 724.04(c):
“Any materials, i.e., information, properly submitted under MPEP § 724.02 in a reexamination proceeding will be sealed from public view. The submitted information will be maintained separate from the reexamination file and will not be publicly available until a determination has been made as to whether or not the information is material to patentability.”
This means that proprietary materials are initially kept confidential and separate from the public reexamination file. A determination is made regarding their materiality to patentability before any potential public disclosure.
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