37 CFR § 1.59 — Expungement of information or copy of papers in (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.59 Expungement of information or copy of papers in
This page consolidates MPEP guidance interpreting 37 CFR § 1.59, including 45 rules 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.
Summary
This section provides detailed guidelines for expunging unsubmitted assignment information from patent applications, including the required fees and filing procedures under MPEP 3737 CFR 1.59.
What this section covers
- Defines that this section covers petitions to remove unsubmitted assignment information from patent applications.
Key obligations
- Requires filing a petition to expunge the information or copy of papers from the patent application.
- States that a fee is required for filing such petitions, as per MPEP 724.02.
- Instructs practitioners to file the petition with the USPTO under Director authority.
Practice notes
- Advises practitioners to ensure the petition is filed correctly and includes all required information, such as a fee and appropriate signatures.
- Warns practitioners about potential delays if the petition is not filed in accordance with MPEP 724.02.
Official MPEP § 1.59 — Expungement of information or copy of papers in
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.59 Expungement of information or copy of papers in application file.
- (a)
- (1) Information in an application will not be expunged, except as provided in paragraph (b) of this section or § 41.7(a) or § 42.7(a) of this title.
- (2) Information forming part of the original disclosure ( i.e., written specification including the claims, drawings, and any preliminary amendment present on the filing date of the application) will not be expunged from the application file.
- (b) An applicant may request that the Office expunge information, other than what is excluded by paragraph (a)(2) of this section, by filing a petition under this paragraph. Any petition to expunge information from an application must include the fee set forth in § 1.17(g) and establish to the satisfaction of the Director that the expungement of the information is appropriate in which case a notice granting the petition for expungement will be provided.
- (c) Upon request by an applicant and payment of the fee specified in § 1.19(b) , the Office will furnish copies of an application, unless the application has been disposed of ( see §§ 1.53(e), (f), and (g) ). The Office cannot provide or certify copies of an application that has been disposed of.
[48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; 49 FR 554, Jan. 4, 1984, effective Apr. 1, 1984; 49 FR 48416, Dec. 12, 1984, effective Feb. 11, 1985; 50 FR 23123, May 31, 1985, effective Feb. 11, 1985; revised, 60 FR 20195, Apr. 25, 1995, effective June 8, 1995; revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; para. (b) revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; para. (b) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; revised, 68 FR 38611, June 30, 2003, effective July 30, 2003; para. (a)(1) revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (b) revised, 69 FR 56481, Sept. 21, 2004, effective Nov. 22, 2004; para. (a)(1) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012; para. (a)(2) revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012]
-
- Certificate Of Mailing
-
- Common Petition Types
- Petition Access
- Fees
-
- Maintenance Fee Payment
- Ptab Contested Case
-
- Statutory Invention Registration