How should envelopes containing trade secret or proprietary materials be addressed to the USPTO?

Envelopes or containers with trade secret or proprietary materials should be clearly addressed and labeled. The MPEP provides examples of appropriate labels:

A. ‘TRADE SECRET MATERIAL NOT OPEN TO PUBLIC. TO BE OPENED ONLY BY EXAMINER OR OTHER AUTHORIZED U.S. PATENT AND TRADEMARK OFFICE EMPLOYEE. DO NOT SCAN’

or

B. ‘PROPRIETARY MATERIAL NOT OPEN TO PUBLIC. TO BE OPENED ONLY BY EXAMINER OR OTHER AUTHORIZED U.S. PATENT AND TRADEMARK OFFICE EMPLOYEE. DO NOT SCAN’

The label should include the application details, such as the applicant’s name, application number, filing date, invention title, TC Art Unit, and Examiner’s name.

These envelopes can be hand-delivered to the USPTO Customer Window or mailed to the Commissioner for Patents. Upon receipt, the Office will place the envelope or container in an Artifact folder.

To learn more:

• trade secret
• proprietary information
• USPTO submission
• envelope labeling