What happens to confidential materials if a patent application is abandoned?
When a patent application is to be abandoned, the examiner reviews the file for any pending petitions to expunge confidential materials. The outcome depends on whether such a petition has been filed: If a petition to expunge has been filed, it will be granted and the materials will be expunged, regardless of their materiality to…
Read MoreHow does the USPTO handle petitions to expunge trade secret information?
How does the USPTO handle petitions to expunge trade secret information? The USPTO treats petitions to expunge trade secret information with particular care. According to MPEP 724.06: “Where the petition is filed by a trade secret owner, the examiner will consider whether the petition complies with the requirements of 37 CFR 1.59(b). The examiner will…
Read MoreWhat is a petition to expunge information in a patent application?
A petition to expunge information in a patent application is a formal request to remove certain information from the application file. This process is governed by 37 CFR 1.59(b) and is typically used for sensitive or proprietary information that was submitted unintentionally or under specific conditions. According to MPEP 724.05, A petition under 37 CFR…
Read MoreCan a petition to expunge be filed for information submitted in an Information Disclosure Statement (IDS)?
Can a petition to expunge be filed for information submitted in an Information Disclosure Statement (IDS)? Yes, a petition to expunge can be filed for information submitted in an Information Disclosure Statement (IDS). However, the MPEP provides specific guidance on this matter: “A petition to expunge information unintentionally submitted in an application (e.g., in an…
Read MoreWhat happens if a petition to expunge is granted after the application has been allowed?
What happens if a petition to expunge is granted after the application has been allowed? If a petition to expunge is granted after the application has been allowed, the expunged information will be removed from the application file. However, it’s important to note that this process may affect the publication of the application or patent.…
Read MoreWhat happens if a petition to expunge information is not filed before the application is allowed?
What happens if a petition to expunge information is not filed before the application is allowed? If a petition to expunge information is not filed before the application is allowed, the opportunity to expunge information may be significantly limited. According to MPEP 724.05: ‘A petition to expunge information will not be considered if filed after…
Read MoreCan a petition to expunge be filed for information in an abandoned application?
Can a petition to expunge be filed for information in an abandoned application? Yes, a petition to expunge can be filed for information in an abandoned application. However, there are specific considerations and limitations. According to MPEP 724.05: ‘A petition to expunge information or a copy of papers in an application file after 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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