Can expunged information be accessed by the public after a patent is granted?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, expunged information can be accessed by the public after a patent is granted, but only under specific circumstances. The MPEP 724.06 states:

“The expunged information, if later requested by the public pursuant to MPEP § 103, may be available.”

This means that while the information is removed from the readily accessible application file, it is not completely destroyed. If a member of the public makes a specific request under the procedures outlined in MPEP § 103, they may be granted access to the expunged information. This policy balances the need for protecting sensitive information with the principle of public disclosure in the patent system.

Tags: Expunged Information, granted patent, Mpep 103, public access