Can 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…

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What 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,…

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How 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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Is it possible to expunge assignment records at the USPTO?

Expungement of assignment records at the USPTO is extremely rare and does not result in the complete removal of a document from the assignment records. According to MPEP 323.01(d), petitions to expunge assignment records are granted only if the petitioner can prove: The normal corrective procedures outlined in MPEP § 323.01(a) through § 323.01(c) will…

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What is the process for expunging assignment records?

Expungement of assignment records is a rare and complex process. According to MPEP 323.01(d), petitions to expunge assignment records are granted only under specific conditions: Normal corrective procedures (outlined in MPEP § 323.01(a) through § 323.01(c)) are inadequate for providing relief. The integrity of the assignment records will not be affected by granting the petition.…

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