Can protected material be redacted if found material to patentability in a reissue application?

Yes, it is possible to redact protected material found to be material to patentability in a reissue application. The process involves:

1. Identifying the protected material within the submission that is material to patentability.
2. Creating a redacted version that removes the protected information while retaining the important material.
3. Submitting the redacted version to the Office along with a petition under 37 CFR 1.182.
4. Requesting that the unredacted version be sealed and replaced with the redacted version.

The MPEP states: “Where a submission containing protected material is found to be material to patentability, it still may be possible to redact the submission to eliminate the protected material while retaining the important material (e.g., where a confidential identifying number, such as a serial number or social security number, is included, which is not needed for the context of the submission). If so, the redacted version may be submitted to the Office along with a petition under 37 CFR 1.182 requesting that the unredacted version be sealed and be replaced with the redacted version.”

To learn more:

• reissue applications
• protected material
• redaction
• material to patentability
• 37 CFR 1.182
• petition

To learn more:

• 37 CFR 1.182