How does the USPTO balance trade secret protection with patent disclosure?
The USPTO aims to strike a balance between protecting trade secrets and encouraging patent disclosure for public benefit. This approach is reflected in the sentiment expressed in MPEP 724, which cites the court’s opinion in In re Sarkar:
[T]hat wherever possible, trade secret law and patent laws should be administered in such manner that the former will not deter an inventor from seeking the benefit of the latter, because, the public is most benefited by the early disclosure of the invention in consideration of the patent grant.
The USPTO recognizes the potential conflict between trade secret protection and patent disclosure. While it requires the disclosure of material information, including trade secrets if they are material to patentability, it also allows for some measures to protect sensitive information when possible, such as redacting non-material portions of submitted documents.
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