What happens if a petition to expunge is not filed in time during a reexamination proceeding?
If a petition to expunge is not filed in a timely manner during a reexamination proceeding, the submitted materials become part of the public record. MPEP § 724.04(c) states: “If a petition to expunge is not filed prior to, or shortly after (i.e., in time to be addressed before the reexamination proceeding enters the reexamination…
Read MoreWhat is the process for expunging materials in a reexamination file?
The process for expunging materials in a reexamination file involves submitting a petition and following specific timing requirements. According to MPEP § 724.04(c): “A petition to expunge (37 CFR 1.59) should accompany the submission of proprietary materials, and in any event, must be filed prior to, or shortly after (i.e., in time to be addressed…
Read MoreCan documents be expunged from a patent file wrapper?
Can documents be expunged from a patent file wrapper? Yes, under certain circumstances, documents can be expunged from a patent file wrapper. However, the process is strictly regulated to maintain the integrity of the patent record. According to MPEP 724.01: “All business with the United States Patent and Trademark Office should be transacted in writing.…
Read MoreCan documents be expunged from a patent application file?
Yes, under certain circumstances, documents can be expunged from a patent application file. According to MPEP 719.01: 37 CFR 1.59 provides that certain documents may be expunged if they were unintentionally submitted or contain proprietary information which has not been made public and is not important to a decision of patentability. However, this is an…
Read MoreWhat is the process for expunging information from a patent application file?
The process for expunging information from a patent application file is outlined in 37 CFR 1.59. An applicant can request expungement by: Filing a petition under 37 CFR 1.59(b) Paying the required fee set forth in 37 CFR 1.17(g) Establishing to the satisfaction of the Director that the expungement is appropriate The MPEP states: Expungement…
Read MoreWhat is the process for handling confidential materials in reexamination proceedings?
In reexamination proceedings open to the public under 37 CFR 1.11(d), confidential materials submitted under MPEP § 724.02 are handled as follows: Materials are sealed from public view and kept separate from the main reexamination file A petition to expunge should accompany the submission or be filed shortly after The examiner determines the materiality of…
Read MoreHow are confidential materials handled in reissue applications open to the public?
Confidential materials submitted under MPEP § 724.02 in reissue applications open to the public under 37 CFR 1.11(b) are handled as follows: Materials are kept separate from the main application file They are not publicly available until a determination of materiality to patentability is made If found not material, they can be expunged upon petition…
Read MoreCan original disclosure information be expunged from a patent application?
No, original disclosure information cannot be expunged from a patent application. According to 37 CFR 1.59(a)(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. This rule ensures that the…
Read MoreWhat options are available if only a portion of submitted information is found to be material to patentability?
When only a portion of submitted information is found to be material to patentability in a reexamination, there are options available to protect non-material information. According to MPEP § 724.04(c): “If a portion of the submitted information is found not to be material to patentability, and a portion is found to be material to patentability,…
Read MoreHow can I correct an improperly recorded assignment against my patent or application?
To correct an improperly recorded assignment against your patent or application, follow these steps: File a petition under 37 CFR 1.182 to expunge the improper assignment Include evidence that the recorded assignment is improper Pay the required petition fee As stated in MPEP 323.01(c): ‘The owner of the patent or application may petition to have…
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