; (2) indicating the position of the Office regarding the ability to assert a patent in infringement litigation; or (3) changing the ministerial function of the Food and Drug Administration of listing patents. (f) Confidentiality (1) In general With respect to any record or other information of the Food and Drug Administration or the Office that is confidential, either such agency may share any such information with the other agency in furtherance of the activities described in this section, which shall remain subject to such protections as if the information were held by the Food and Drug Administration. (2) Protocols (A) In general The task force shall establish appropriate protocols to safeguard confidentiality and prevent the inappropriate disclosure of information when sharing information between the Office and the Food and Drug Administration. (B) Contents The protocols established under subparagraph (A) shall provide that— (i) before sharing any information described in paragraph (1), the sponsor of the human drug or biological product to which that information relates shall be provided notice of that sharing by the applicable agency and with a period of 30 days to consult with the agency sharing that information