How are incorrect papers handled in the patent file wrapper?

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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. When a paper is incorrectly placed in the patent file wrapper, the USPTO has specific procedures to handle it while maintaining the integrity of the record. According to MPEP 724.01 : ‘If a paper is placed in the file by applicant which discloses proprietary material, it may be returned to the applicant for submission under 37 CFR 1.59 but the Office will retain a copy of the paper.’ This approach ensures that while incorrect or proprietary papers can be addressed, a complete record is still maintained. The examiner or other USPTO personnel will typically make a note in the file indicating the reason for returning the paper and retaining a copy. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent File Wrapper Must Include Material Information MPEP 724.01 Trade Secrets and Proprietary Information Submission MPEP 724 Required 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 Other Related FAQs 5 FAQs Collapse What is the purpose of the patent file wrapper? Can examiners remove papers from the patent file wrapper? What types of sensitive information does the USPTO aim to protect in patent applications? What types of papers are included in the patent file wrapper? How does the USPTO balance full disclosure and protection of se...