What are the rules for sealing documents in PTAB proceedings?
The Patent Trial and Appeal Board (PTAB) has specific rules for sealing documents in trial proceedings to protect confidential information. According to MPEP 1002.02(j):
“Motions to seal a document or thing in a trial proceeding. 37 CFR 42.14, 42.54, and 42.55.”
The process for sealing documents typically involves:
- Filing a motion to seal, which must be authorized by the Board
- Demonstrating good cause to seal the information
- Providing a proposed redacted version of the document for public viewing
- Explaining the protective measures taken to keep the information confidential
- Identifying the length of time the information should remain under seal
It’s important to note that there is a strong public policy in favor of making all information filed in a PTAB proceeding available to the public. Therefore, parties must provide compelling reasons for keeping information confidential, and the Board will balance the need for confidentiality against the public interest in accessing the information.
To learn more: