When do materials submitted under MPEP § 724.02 become publicly available?

Materials submitted under MPEP § 724.02 may become publicly available under different circumstances:

  • After publication of the application under 35 U.S.C. 122(b)(1), if no petition to expunge was filed or if such a petition was denied.
  • Upon abandonment of the application, if no petition to expunge was filed.
  • Upon issuance of the application as a patent, if no petition to expunge was filed before the notice of allowability was mailed.

The MPEP 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 be released to the public upon the issuance of the application as a patent and upon the filing of a request and the appropriate fee (37 CFR 1.14).”

It’s crucial for applicants to file petitions to expunge in a timely manner if they wish to maintain the confidentiality of these materials.

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Tags: Confidential Materials, Mpep 724 02, Mpep 72402, patent application publication, patent issuance, public availability