How are materials submitted under MPEP § 724.02 treated in reissue applications open to the public?
Materials submitted under MPEP § 724.02 in reissue applications open to the public under 37 CFR 1.11(b) are treated as follows: The materials are kept separate from the reissue application file and are not publicly available until a determination is made regarding their materiality to patentability. They will only be released to the public if…
Read MoreHow are proprietary materials handled under MPEP § 724.02?
How are proprietary materials handled under MPEP § 724.02? Proprietary materials submitted under MPEP § 724.02 are handled with special care to protect sensitive information. The MPEP states: ‘Proprietary information, which is information not trade secret information but which the submitter considers to be sensitive, may be submitted in a patent application or reexamination proceeding…
Read MoreWhat are examples of trade secret materials submitted under MPEP § 724.02?
What are examples of trade secret materials submitted under MPEP § 724.02? According to MPEP 724.03, examples of trade secret materials that may be submitted under MPEP § 724.02 include: A new drug product A new method of making a drug product Drafts of proposed publications A computer program Customer lists Chemical or other compositions…
Read MoreHow are materials submitted under MPEP § 724.02 treated in applications covered by 35 U.S.C. 122?
Materials submitted under MPEP § 724.02 in applications covered by 35 U.S.C. 122 are treated as follows: The materials are kept in a sealed envelope marked “Not Open To The Public”. They are not publicly available until a determination is made regarding their materiality to patentability. After publication under 35 U.S.C. 122(b)(1), the materials are…
Read MoreWhen do materials submitted under MPEP § 724.02 become publicly available?
Materials submitted under MPEP § 724.02 may become publicly available under different circumstances: After publication of the application under 35 U.S.C. 122(b)(1), if no petition to expunge was filed or if such a petition was denied. Upon abandonment of the application, if no petition to expunge was filed. Upon issuance of the application as a…
Read MoreWhat are the requirements for filing a petition to expunge information submitted under MPEP § 724.02?
To file a petition to expunge information submitted under MPEP § 724.02, you must meet several requirements as outlined in MPEP 724.05: File the petition fee under 37 CFR 1.17(g) Submit the petition at the time of filing the information or shortly thereafter Direct the petition to the Technology Center (TC) to which the application…
Read MoreWhat happens if no petition to expunge is filed before the notice of allowability in a reissue application?
If no petition to expunge is filed before the mailing of the notice of allowability in a reissue application, the following occurs: The materials submitted under MPEP § 724.02 become a permanent part of the reissue application file. These materials become open to the public under 37 CFR 1.11(b). There is no further opportunity to…
Read MoreWhat is the process for handling submitted materials when a reissue application is being allowed?
When a reissue application containing materials submitted under MPEP § 724.02 is being allowed, the following process occurs: Before mailing a notice of allowability, the examiner reviews the reissue application file for any unacted-upon petitions to expunge. The examiner or appropriate Office official determines whether the submitted information is material to patentability. If found material,…
Read MoreWhat happens if a reissue application is abandoned with submitted materials under MPEP § 724.02?
When a reissue application containing materials submitted under MPEP § 724.02 is to be abandoned, the following process occurs: The examiner reviews the reissue application file before mailing a notice of abandonment. If a petition to expunge is found in the file but not yet acted upon, it will be granted regardless of the materials’…
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