What are the requirements for sending confidential information via email 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.

When sending confidential information via email to the USPTO, specific requirements must be met:

• Use of the Electronic Filing System (EFS-Web) is strongly recommended for submitting confidential information.
• If email must be used, it should be through the USPTO’s secure email system.
• An authorization from the applicant is required before sending confidential information via email.
• The email must include a statement that the email correspondence is being submitted using the procedures set forth in 37 CFR 1.33(d).

As stated in MPEP 502.03: “Internet email shall NOT be used to conduct an exchange of communications similar to those exchanged during telephone or personal interviews unless a written authorization has been given.”