What is the process for handling submitted materials when a reissue application is being allowed?
When a reissue application containing materials submitted under MPEP § 724.02 is being allowed, the following process occurs:
- Before mailing a notice of allowability, the examiner reviews the reissue application file for any unacted-upon petitions to expunge.
- The examiner or appropriate Office official determines whether the submitted information is material to patentability.
- If found material, the petition to expunge is denied, and the information becomes a permanent part of the public file.
- If not material, the petition to expunge is granted, and the information is expunged.
- If no petition to expunge is filed before the notice of allowability is mailed, the materials become part of the public file under 37 CFR 1.11(b).
The MPEP states: “If the reissue application is being allowed, prior to the mailing of a notice of allowability, the examiner will review the reissue application file and determine if a petition to expunge is in the reissue application file but not acted upon. The examiner, or other appropriate Office official who is responsible for considering the information, will make a determination as to whether or not any portion or all of the information submitted is material to patentability.”
To learn more:
- reissue applications
- allowance
- petition to expunge
- material to patentability
- public access
- MPEP 724.02
- 37 CFR 1.11(b)
To learn more: