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

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.

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.