How can I petition to expunge papers from a patent application?
To petition for expungement of papers from a patent application, you need to follow the procedure outlined in 37 CFR 1.59. The MPEP states:
“Petitions to expunge papers from patent applications or patent files under 37 CFR 1.59 which were submitted under MPEP § 724.02 or as part of an information disclosure statement.“
Key points to remember:
- The petition must show that the expungement is appropriate
- Information submitted as part of an Information Disclosure Statement can be petitioned for expungement
- The Technology Center Director has the authority to decide these petitions
- Expungement is not guaranteed and depends on the specific circumstances
It’s important to note that once a patent application is published or a patent issues, it becomes part of the public record, making expungement more difficult.
To learn more: