Can 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…

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What 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…

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What 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…

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What 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,…

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What 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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