Who decides on petitions to expunge information from patent applications?
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.
To learn more: