Can 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.…

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Can 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…

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What 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…

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How 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…

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