What happens if submitted information is found to be material to patentability in a reexamination?
If submitted information is found to be material to patentability in a reexamination, it becomes part of the public record. MPEP § 724.04(c) states: “If any portion or all of the submitted information is found to be material to patentability, the petition to expunge will be denied and the information will thereafter become a permanent…
Read MoreWhat is considered ‘material’ information in a patent file wrapper?
‘Material’ information in a patent file wrapper refers to data that is significant to the patentability of an invention. While MPEP 724.01 does not provide a specific definition, it emphasizes the importance of such information by stating that It is the intent of the Office that the patent file wrapper be as complete as possible…
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,…
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