TTAB is seeking input on the current Standard Protective Order

Effective June 24, 2016, the TTAB revised its Standard Protective Order. In accordance with 37 C.F.R. § 2.116(g), the TTAB’s Standard Protective Order is made applicable to every pending case. 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.

The June 24, 2016 Standard Protective Order incorporated the following 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"

Now that the June 24, 2016 Standard Protective Order has been in place for well over a year, the TTAB is seeking comments as to the overall sufficiency of the Standard Protective Order and suggestions for possible future changes. Please include an explanation of why specific changes are suggested.

The period for commenting will close January 31, 2018.

View the June 24, 2016 Standard Protective Order.