What is the process for handling confidential materials in reexamination proceedings?
In reexamination proceedings open to the public under 37 CFR 1.11(d), confidential materials submitted under MPEP § 724.02 are handled as follows:
- Materials are sealed from public view and kept separate from the main reexamination file
- A petition to expunge should accompany the submission or be filed shortly after
- The examiner determines the materiality of the information to patentability
- If found not material, the petition to expunge is granted
- If found material, the petition is denied, and the information becomes public
The MPEP states: ‘Any materials, i.e., information, properly submitted under MPEP § 724.02 in a reexamination proceeding will be sealed from public view. The submitted information will be maintained separate from the reexamination file and will not be publicly available until a determination has been made as to whether or not the information is material to patentability.’
It’s crucial to note: ‘If the petition to expunge is not filed in time to be addressed before the reexamination proceeding enters the reexamination certificate printing process, or the petition is filed, and denied/dismissed, then the materials submitted under MPEP § 724.02 will be released to the public with any other papers in the reexamination file.’
This process aims to protect confidential information while maintaining the public nature of reexamination proceedings.
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