How does the USPTO handle confidential information in patent applications?
The United States Patent and Trademark Office (USPTO) has strict rules for handling confidential information in patent applications, especially for those filed before June 8, 1995. According to MPEP 704.11(a):
“Regarding the identification of applications filed before June 8, 1995, 35 U.S.C. 122(a) requires the identified applications to be kept in confidence by the Office and no information concerning the same is to be given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such special circumstances as may be determined by the Director.”
This means that the USPTO is required by law to keep such applications confidential unless specific circumstances allow for disclosure. For more information on the handling of confidential information, you can refer to MPEP § 103.
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