37 CFR 42.54: Protective order

Taken from the Ninth Edition of the MPEP, Revision 07.2022, Published February 2023

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42.54    Protective order.

  • (a) A party may file a motion to seal where the motion to seal contains a proposed protective order, such as the default protective order set forth in the Office Patent Trial Practice Guide. The motion must include a certification that the moving party has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute. The Board may, for good cause, issue an order to protect a party or person from disclosing confidential information, including, but not limited to, one or more of the following:
    • (1) Forbidding the disclosure or discovery;
    • (2) Specifying terms, including time and place, for the disclosure or discovery;
    • (3) Prescribing a discovery method other than the one selected by the party seeking discovery;
    • (4) Forbidding inquiry into certain matters, or limiting the scope of disclosure or discovery to certain matters;
    • (5) Designating the persons who may be present while the discovery is conducted;
    • (6) Requiring that a deposition be sealed and opened only by order of the Board;
    • (7) Requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way; and
    • (8) Requiring that the parties simultaneously file specified documents or information in sealed envelopes, to be opened as the Board directs.
  • (b) [Reserved].
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012]