What happens if submitted information is found to be material to patentability in a reexamination?
What happens if submitted information is found to be material to patentability in a reexamination?
If submitted information is found to be material to patentability in a reexamination, it becomes part of the public record. MPEP § 724.04(c) states:
“If any portion or all of the submitted information is found to be material to patentability, the petition to expunge will be denied and the information will thereafter become a permanent part of the reexamination file and open to the public.”
However, there may be options to redact sensitive information while retaining material content. The MPEP further explains:
“Where a submission containing protected material is found to be material to patentability, it still may be possible to redact the submission to eliminate the protected material while retaining the important material (e.g., where a confidential identifying number, such as a serial number or social security number, is included, which is not needed for the context of the submission).”
In such cases, a redacted version can be submitted with a petition under 37 CFR 1.182 to seal the unredacted version and replace it with the redacted version.
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