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…
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…
Read MoreCan assignment records be expunged after issuance of a patent?
Yes, assignment records can be expunged even after a patent has been issued. The MPEP 323.01(d) states: ‘Expungement of any assignment records will be handled in accordance with 37 CFR 1.4(g). This may include expungement of documents recorded prior to, during, or after, prosecution of the application that matured into the patent.’ This means that…
Read MoreWhat is the process for expunging assignment records at the USPTO?
The process for expunging assignment records at the USPTO involves: Submitting a petition under 37 CFR 1.59 to expunge the assignment record Providing clear evidence that the document was submitted by mistake or is of improper character Paying the required petition fee As stated in MPEP 323.01(d): ‘The USPTO will not expunge any assignment records…
Read MoreCan assignment records be expunged after they have been recorded by the USPTO?
Yes, assignment records can be expunged after they have been recorded by the USPTO, but only through a specific petition process. According to MPEP 323.01(d): ‘The USPTO will not expunge any assignment records that have been recorded absent a petition pursuant to 37 CFR 1.59.’ This means that once an assignment record has been officially…
Read MoreWhat happens to an ‘expunged’ document in the USPTO assignment records?
When a petition to ‘expunge’ a document is granted, the document is not completely removed from the USPTO assignment records. According to MPEP 323.01(d): Even if a petition to ‘expunge’ a document is granted with respect to a particular application or patent, the image of the recorded document will remain in the records of the…
Read MoreIs 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…
Read MoreWhat 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.…
Read MoreCan recorded assignment documents be expunged if found to be invalid?
No, recorded assignment documents will not be expunged even if they are subsequently found to be invalid. The USPTO’s policy is to maintain a complete history of claimed interests in property. As stated in the MPEP: “Office policy regarding recordation of assignment documents is directed toward maintaining a complete history of claimed interests in property…
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