Who decides on petitions to expunge information from patent applications?

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.

The decision-maker for petitions to expunge information depends on the circumstances and stage of the application process:

• For pending applications that have not been allowed or received an Ex parte Quayle action, the examiner initially considers the petition but holds the decision in abeyance.
• For applications that have been allowed, received an Ex parte Quayle action, or been abandoned, a Technology Center Director decides on the petition, as stated in MPEP 724.06:

When an application has been allowed, an Ex parte Quayle action has been mailed, or an application is abandoned, a petition to expunge should be decided by a TC Director (see MPEP § 1002.02(c)).

However, there are exceptions:

• If the information was not submitted under MPEP § 724.02 or in an information disclosure statement, the petition is sent to the Office of Petitions for decision.
• If the petition is accompanied by a petition under 37 CFR 1.183 requesting waiver of requirements in 37 CFR 1.59, it is also sent to the Office of Petitions.