502.02(c) Confidential Information
For inter partes proceedings pending or commenced on August 31, 2007, the Board’s standard protective order is automatically in place (with the exception of pending cases with a protective order already in place). [ Note 1.] Except for materials filed under seal pursuant to a protective order or designated as confidential in ESTTA, the files of applications and registrations which are the subject matter of pending proceedings before the Board and all pending proceeding files and exhibits thereto are available for public inspection and copying on TTABVUE, http://ttabvue.uspto.gov (docket information and full images of Board files). [ Note 2.] Therefore, only the particular portion of a motion that discloses confidential information should be electronically designated as "CONFIDENTIAL" in ESTTA or filed by paper under seal pursuant to a protective order. Parties should avoid over-designation of non-confidential information as confidential. If a party submits a motion containing confidential information either electronically via ESTTA or by paper under seal, the party must also submit for the public record a redacted version of the motion. [ Note 3.]
Confidential information filed without appropriate designation in accordance with the Board’s standard protective order or one adopted by the parties as a substitute for the standard order is not regarded as confidential and will not be kept confidential by the Board and will be placed in the Board’s public records available on the Internet. [ Note 4.] To be handled as confidential, and kept out of the public record, submissions to the Board must be filed under a separate cover or designated as confidential in ESTTA. Both the submission and its cover must be marked confidential and must identify the case number and the parties. A copy of the submission with the confidential portions redacted must also be submitted for public view. [ Note 5.]
When filing confidential documents electronically through the Board’s ESTTA system, the party must use the "File Documents in a Board Proceeding" option, select "CONFIDENTIAL Opposition, Cancellation or Concurrent Use," enter the proceeding number and click "Start." The documents filed in this manner will not be viewable in the publicly available electronic proceeding file. The party filing the confidential document electronically must also file a separate redacted version of the confidential filing.
Any confidential filing must include redacted versions for the public record. See 37 CFR § 2.126. For any confidential unredacted version of a submission for which a redacted version must be filed, the parties are encouraged to enclose the confidential information in brackets so as to facilitate a better comparison between the public and confidential versions of the filing when the Board is issuing an order or preparing a final decision.
Disclosure of an individual’s personally identifiable information (e.g., social security number, financial account numbers, or home address) is not necessary. Such information should always be redacted from any submission.
For further information regarding protective orders, see TBMP § 412andTBMP § 412.01. For further information regarding confidential materials, see TBMP § 120.02.("Access to Files – Confidential Material"), and TBMP § 412.01(a).703.01(p) ("Oral Testimony Depositions - Confidential or Trade Secret Material"), and TBMP § 801.03 ("Form and Content of Briefs").
NOTES:
2. 37 CFR § 2.27(d); 37 CFR § 2.27(e), and 37 CFR § 2.126(c); Duke University v. Haggar Clothing Co., 54 USPQ2d 1443, 1445 (TTAB 2000).
3. 37 CFR § 2.27(e) and 37 CFR § 2.126(c); Duke University v. Haggar Clothing Co., 54 USPQ2d 1443, 1445 (TTAB 2000).
4. Cf. Harjo v. Pro-Football, Inc., 50 USPQ2d 1705, 1714 (TTAB 1999) (Board agreed to hold exhibits marked confidential for thirty days pending receipt of a motion for a protective order but cautioned that in the absence of such motion, the exhibits would be placed in the proceeding file).
5. 37 CFR § 2.126(c). See also Duke University v. Haggar Clothing Co., 54 USPQ2d 1443, 1445 (TTAB 2000).