What is the USPTO’s stance on submitting trade secret or proprietary information?
The USPTO recognizes the need for parties to submit trade secret, proprietary, and protective order materials in certain patent-related proceedings. However, the general assumption is that such materials will become part of the public record. The USPTO aims to balance the protection of trade secrets with the public benefit of patent disclosure.
As stated in MPEP 724:
While one submitting materials to the Office in relation to a pending patent application or reexamination proceeding must generally assume that such materials will be made of record in the file and be made public, the Office is not unmindful of the difficulties this sometimes imposes.
The USPTO seeks to administer trade secret and patent laws in a way that encourages inventors to seek patent protection without deterring them due to trade secret concerns.
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