What is the process for expunging information from a patent application file?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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 process for expunging information from a patent application file is outlined in 37 CFR 1.59 . An applicant can request expungement by: Filing a petition under 37 CFR 1.59(b) Paying the required fee set forth in 37 CFR 1.17(g) Establishing to the satisfaction of the Director that the expungement is appropriate The MPEP states: Expungement of information that was originally submitted to the Office under MPEP § 724.02, or that should have been submitted in a sealed envelope as discussed in MPEP § 724.02, is appropriate when the petitioner complies with items (A)-(E) set forth in MPEP § 724.05, paragraph I, and the examiner or other appropriate Office official who is responsible for considering the information has determined that the information is not material to patentability. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Inventors Must Disclose Material Information MPEP 724 Inventors Must Disclose Material Information MPEP 724 Material Information for Patentability MPEP 724 Establishing Prima Facie Case for Unpatentability MPEP 724 Permitted Material Information Must Be Disclosed to Office MPEP 724 Permitted Material Information Must Be Disclosed MPEP 724 Required Duty to Disclose Material Information During Reexamination MPEP 724 Trade Secrets Must Not Be Considered During Examination MPEP 724 Recommended Submission of Trade Secrets Must Not Disclose Material Information MPEP 724 Recommended Trade Secrets and Proprietary Information Submission MPEP 724 Required Other Related FAQs 5 FAQs Collapse What happens if a reissue application is abandoned with submitted materials under MPEP § 724.02? What is the process for handling submitted materials when a reissu...