What types of materials can be submitted under MPEP § 724.02?

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.

MPEP § 724.02 allows for the submission of trade secret, proprietary, and/or protective order materials that are considered ‘material to patentability’. Specifically, the MPEP states:

The types of materials or information contemplated for submission under MPEP § 724.02 include information ‘material to patentability’ but does not include information favorable to patentability.

This means that any information required to be submitted under 37 CFR 1.56 (for patent applicants) or 37 CFR 1.555 (for patent owners) can be submitted using this procedure. However, it’s important to note that information favorable to patentability, such as evidence of commercial success, should not be submitted under MPEP § 724.02.