How are proprietary materials handled under MPEP § 724.02?
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.
Proprietary materials submitted under MPEP § 724.02 are handled with special care to protect sensitive information. The MPEP states:
‘Proprietary information, which is information not trade secret information but which the submitter considers to be sensitive, may be submitted in a patent application or reexamination proceeding subject to the provisions of this section.’
This means that proprietary materials are treated similarly to trade secrets. They may include:
- Technical data
- Research results
- Business strategies
- Confidential agreements
When submitting proprietary materials, applicants should follow the procedures outlined in MPEP § 724.02 to ensure proper handling and protection of the information during the patent examination process.