What is the process for expunging confidential information from patent term extension applications?
The process for expunging confidential information from patent term extension applications is outlined in MPEP 2760. The key points are:
“Otherwise, if a suitable petition to expunge is filed before the issuance of the certificate, the trade secret or confidential information will be expunged from the file and returned to the patent term extension applicant.”
The process involves:
- Filing a suitable petition to expunge before the certificate of patent extension is issued.
- The information must not have been material to determining eligibility under 35 U.S.C. 156.
- If the petition is granted, the confidential information will be removed from the file and returned to the applicant.
It’s crucial to note:
“If a petition to expunge is not filed prior to the issuance of the certificate, all of the information will be open to public inspection.”
This means that applicants must be proactive in filing the petition before the certificate is issued to protect their confidential information. The USPTO does not automatically expunge or protect such information without a proper petition.
To learn more: