How can I expunge information unintentionally submitted in a patent application?

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.

To expunge information unintentionally submitted in a patent application, you can file a petition under 37 CFR 1.59(b). According to MPEP 724.05, the petition must meet the following criteria:

• The Office can return the information before patent issuance
• The submission was unintentional, and failure to return it would cause irreparable harm
• The information has not been made public
• There’s a commitment to retain the information for the patent’s duration
• The information is not material under 37 CFR 1.56
• The petition fee under 37 CFR 1.17(g) is included

It’s important to note that A request to expunge information that has not been clearly identified as information that may be later subject to such a request by marking and placement in a separate sealed envelope or container shall be treated on a case-by-case basis. Therefore, it’s crucial to properly identify and segregate potentially sensitive information when submitting it to the USPTO.