Can information submitted for patent term extension be kept confidential?
Generally, information submitted for patent term extension applications cannot be kept entirely confidential. MPEP 2760 states: “While one submitting such materials to the Office in relation to a pending application for patent term extension must generally assume that such materials will be made of record in the file and be made public, the Office is…
Read MoreWhen does confidential information in patent term extension applications become public?
The timing of when confidential information in patent term extension applications becomes public is addressed in MPEP 2760. The section states: “The information will not be made public as part of the patent file before a certificate of patent extension is issued. […] If such information was material to a determination of eligibility or any…
Read MoreHow can I petition to expunge papers from a patent application?
To petition for expungement of papers from a patent application, you need to follow the procedure outlined in 37 CFR 1.59. The MPEP states: “Petitions to expunge papers from patent applications or patent files under 37 CFR 1.59 which were submitted under MPEP § 724.02 or as part of an information disclosure statement.“ Key points…
Read MoreWhat 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 More