How does the USPTO handle protected or secret information in protests?
The USPTO has specific procedures for handling protected or secret information submitted with protests. According to the MPEP:
“Information which is subject to a court-imposed protective or secrecy order may be submitted with, or as a part of, a protest under 37 CFR 1.291. Trade secret information which was obtained by a protestor through agreements with others can likewise be submitted.”
To ensure proper handling of such sensitive information:
- The protestor should follow the procedures outlined in MPEP § 724
- The information will be treated as set forth in MPEP § 724
- It will be made public only if a reasonable examiner would consider it important in deciding whether to allow the application
It’s crucial for protestors to clearly identify protected or secret material to ensure proper handling by the USPTO.
To learn more:
Topics:
MPEP 1900 - Protest,
MPEP 1901.02 - Information Which Can Be Relied On In Protest,
Patent Law,
Patent Procedure