What are the confidentiality requirements for Internet use by patent examiners?

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.

Patent examiners must adhere to strict confidentiality requirements when using the Internet for patent examination. The MPEP emphasizes:

“All use of the Internet by examiners must be conducted in a manner that ensures compliance with confidentiality requirements in the statutes, including 35 U.S.C. § 122, and regulations.”

Key confidentiality requirements include:

• Restricting search queries for unpublished applications to the general state of the art
• Not disclosing specific information about unpublished applications in search queries
• Using secure connections when accessing confidential information
• Not participating in public discussions about patent applications on social media or other platforms

Examiners must be vigilant in protecting proprietary information and maintaining the integrity of the patent examination process.