What happens if no petition to expunge is filed before the notice of allowability in a reissue application?

If no petition to expunge is filed before the mailing of the notice of allowability in a reissue application, the following occurs:

1. The materials submitted under MPEP § 724.02 become a permanent part of the reissue application file.
2. These materials become open to the public under 37 CFR 1.11(b).
3. There is no further opportunity to request expungement of these materials.

The MPEP explicitly states: “If a petition to expunge is not filed prior to the mailing of the notice of allowability, the materials submitted under MPEP § 724.02 will become a permanent part of the reissue application file and open to the public under 37 CFR 1.11(b).”

This emphasizes the importance of timely filing a petition to expunge if an applicant wishes to keep certain materials from becoming part of the public record.

To learn more:

• reissue applications
• notice of allowability
• petition to expunge
• public access
• MPEP 724.02
• 37 CFR 1.11(b)

To learn more:

• MPEP 724.02
• 37 CFR 1.11(b)