Standard Protective Order

Effective August 31, 2007, in accordance with 37 C.F.R. § 2.116(g), the TTAB’s Standard Protective Order is made applicable to every case pending or commenced on or after such date. The parties may substitute a mutually-agreed upon protective order, by stipulation approved by the TTAB; or a party, upon a motion granted by the TTAB, may seek to use an alternative order.

TTAB is updating its Standard Protective order and making it available in this forum for comments and suggestions. Here is a list of the changes:

• States it is automatically imposed in Board proceedings
• Recommends the parties execute for a binding agreement
• Makes it clear that the provisions govern testimony, testimony exhibits, and disclosures.
• Changes from three to two tiers of designation.
• Expressly includes personal health, medical and financial information in designation of Confidential – Attorneys’ Eyes Only
• Adds provision 15) addressing the “Consequences of Unchallenged Overdesignations"

  The period for commenting will close March 4, 2016.

View the Standard Protective Order.