37 CFR 42.55: Confidential information in a petition

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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42.55    Confidential information in a petition.

A petitioner filing confidential information with a petition may, concurrent with the filing of the petition, file a motion to seal with a proposed protective order as to the confidential information. The institution of the requested trial will constitute a grant of the motion to seal unless otherwise ordered by the Board.

  • (a) Default protective order. Where a motion to seal requests entry of the default protective order set forth in the Office Patent Trial Practice Guide, the petitioner must file, but need not serve, the confidential information under seal. The patent owner may only access the filed sealed information prior to the institution of the trial by agreeing to the terms of the default protective order or obtaining relief from the Board.
  • (b) Protective orders other than default protective order. Where a motion to seal requests entry of a protective order other than the default protective order, the petitioner must file, but need not serve, the confidential information under seal. The patent owner may only access the sealed confidential information prior to the institution of the trial by:
    • (1) agreeing to the terms of the protective order requested by the petitioner;
    • (2) agreeing to the terms of a protective order that the parties file jointly; or
    • (3) obtaining entry of a protective order (e.g., the default protective order).
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012]