What happens if a petition to expunge is granted after the application has been allowed?
What happens if a petition to expunge is granted after the application has been allowed?
If a petition to expunge is granted after the application has been allowed, the expunged information will be removed from the application file. However, it’s important to note that this process may affect the publication of the application or patent. According to MPEP 724.06:
“Where the petition is granted and the application has not been allowed, the expunged information will not be available to the public. Where the petition is granted and the application has been allowed, the decision is placed in the application file but the expunged information will be available to the public upon request as noted below.”
This means that even if the petition is granted, the expunged information may still be accessible to the public in certain circumstances, particularly if the application has already been allowed.
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