MPEP § 724.02 — Method of Submitting Trade Secret, Proprietary, and/or Protective Order Materials
Ninth Edition, Revision 01.2024 · last revised R-01.2024
Information which is considered by the party submitting the same to be either trade secret material or proprietary material, and any material subject to a protective order, must be clearly labeled as such and be filed in a sealed, clearly labeled, envelope or container. Each document or item must be clearly labeled as a “Trade Secret” document or item, a “Proprietary” document or item, or as an item or document “Subject To Protective Order.” It is essential that the terms “Confidential,” “Secret,” and “Restricted” or “Restricted Data” not be used when marking these documents or items in order to avoid confusion with national security information documents which are marked with these terms (note also MPEP § 121). If the item or document is “Subject to Protective Order” the proceeding, including the tribunal, must be set forth on each document or item. Of course, the envelope or container, as well as each of the documents or items, must be labeled with complete identifying information for the file to which it is directed, including the Office or area to which the envelope or container is directed.
Examples of appropriate labels for such an envelope or container addressed to an application are as follows: (Appropriate changes would be made for papers filed in a reexamination file.)
A. “TRADE SECRET MATERIAL NOT OPEN TO PUBLIC. TO BE OPENED ONLY BY EXAMINER OR OTHER AUTHORIZED U.S. PATENT AND TRADEMARK OFFICE EMPLOYEE.
DO NOT SCAN
In re Application of
Application No.
Filed:
For: (Title of Invention)
TC Art Unit:
Examiner:
B. “PROPRIETARY MATERIAL NOT OPEN TO PUBLIC. TO BE OPENED ONLY BY EXAMINER OR OTHER AUTHORIZED U.S. PATENT AND TRADEMARK OFFICE EMPLOYEE.
DO NOT SCAN
In re Application of
Application No.
Filed:
For: (Title of Invention)
TC Art Unit:
Examiner:
C. “MATERIAL SUBJECT TO PROTECTIVE ORDER — NOT OPEN TO PUBLIC. TO BE OPENED ONLY BY EXAMINER OR OTHER AUTHORIZED U.S. PATENT AND TRADEMARK OFFICE EMPLOYEE.
DO NOT SCAN
Tribunal Issuing Protective Order:
Civil Action or Other Identification No.:
Date of Order:
Current Status of Proceeding: (Pending, Stayed, etc.)
In re application of:
Application No.
Filed:
For: (Title of Invention)
TC Art Unit:
Examiner:
The envelope or container must be accompanied by a transmittal letter which also contains the same identifying information as the envelope or container. The transmittal letter must also state that the materials in the envelope or container are considered trade secrets or proprietary, or are subject to a protective order, and are being submitted for consideration under MPEP § 724. A petition under 37 CFR 1.59 and fee therefor (37 CFR 1.17(g)) to expunge the information, if found not to be material to patentability, should accompany the envelope or container.
In order to ensure that such an envelope or container is not mishandled, either prior to reaching the Office, or in the Office, the envelope or container should be hand-carried to the Customer Service Window. See MPEP § 501, subsection III for information regarding hand-delivery of papers.
The envelope or container may also be mailed to the Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
Upon receipt of the envelope or container, the Office will place the envelope or container in an Artifact folder.
Cited authority
- 121 Handling of Applications under Secrecy Order and/or Bearing National Security Markings
- 724 Trade Secret, Proprietary, and Protective Order Materials
- 37 CFR 1.59 Expungement of information or copy of papers in application file
- 37 CFR 1.17 Patent application and reexamination processing fees
- 501 Filing Papers With the U.S. Patent and Trademark Office
Cited by
- 1002.02(b) Petitions and Requests Decided by the Deputy Commissioner Who Oversees the Office of Petitions or Assigned Staff in the Office of Petitions, the Office of Patent Legal Administration and the MPEP Staff Office
- 1002.02(c) Petitions and Requests Decided by the Technology Center Directors
- 1134.01 Third Party Submissions Under 37 CFR 1.290
- 2760 Trade Secret, Confidential, and Protective Order Material
- 402.06 Attorney or Agent Withdraws
- 708.02 Petition To Make Special
- 724.03 Types of Trade Secret, Proprietary, and/or Protective Order Materials Submitted Under MPEP § 724.02
- 724.04 Office Treatment and Handling of Materials Submitted Under MPEP § 724.02
- 724.04(a) Materials Submitted in an Application Covered by 35 U.S.C. 122
- 724.04(b) Materials Submitted in Reissue Applications Open to the Public Under 37 CFR 1.11(b)
- 724.04(c) Materials Submitted in Reexamination File Open to the Public Under 37 CFR 1.11(d)
- 724.05 Petition To Expunge Information or Copy of Papers in Application File
- 724.06 Handling of Petitions To Expunge Information or Copy of Papers in Application File