How should parties comment on material submitted under MPEP § 724?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. When parties need to comment on material submitted under MPEP § 724, they should follow specific guidelines to maintain confidentiality. The MPEP provides the following advice: If the party or parties served find it necessary or desirable to comment on material submitted under MPEP § 724 before it is, or without its being, found ‘material to patentability,’ such comments should either (A) not disclose the details of the material or (B) be submitted in a separate paper under MPEP § 724.02. This guidance offers two options for commenting on confidential material: Comment without disclosing specific details of the confidential material Submit comments as a separate, confidential paper under MPEP § 724.02 By following these guidelines, parties can provide necessary feedback while maintaining the confidentiality of the original submission. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Submission of Trade Secrets Must Not Disclose Material Information MPEP 724 Recommended Trade Secrets Must Not Be Considered During Examination MPEP 724 Recommended Trade Secrets and Proprietary Information Submission MPEP 724 Required Trade Secrets and Proprietary Materials Must Be Submitted MPEP 724 Trade Secrets Not to Deter Patent Grant MPEP 724 Recommended Patent Grant vs Trade Secret Protection Conflict MPEP 724 Inventors Must Disclose Material Information MPEP 724 Inventors Must Disclose Material Information MPEP 724 Material Information for Patentability MPEP 724 Establishing Prima Facie Case for Unpatentability MPEP 724 Permitted Other Related FAQs 5 FAQs Collapse What happens if a reissue application is abandoned with submitted materials under MPEP § 724.02? What is the proc...