How should trade secret or proprietary materials be submitted to the USPTO?
Trade secret or proprietary materials must be clearly labeled and submitted in a sealed, clearly labeled envelope or container. The MPEP states:
Information which is considered by the party submitting the same to be either trade secret material or proprietary material, and any material subject to a protective order, must be clearly labeled as such and be filed in a sealed, clearly labeled, envelope or container.
Each document should be labeled as ‘Trade Secret’ or ‘Proprietary’. It’s crucial to avoid using terms like ‘Confidential,’ ‘Secret,’ or ‘Restricted’ to prevent confusion with national security information.
The envelope or container should be accompanied by a transmittal letter containing the same identifying information and stating that the materials are being submitted for consideration under MPEP § 724.
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