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 happens if a petition to expunge is not filed in time during a reexamination proceeding?
If a petition to expunge is not filed in a timely manner during a reexamination proceeding, the submitted materials become part of the public record. MPEP § 724.04(c) states: “If a petition to expunge is not filed prior to, or shortly after (i.e., in time to be addressed before the reexamination proceeding enters the reexamination…
Read MoreWhat happens to the file wrapper after a patent is granted?
What happens to the file wrapper after a patent is granted? After a patent is granted, the file wrapper continues to play an important role. MPEP 719 states, “Upon allowance of an application, the file wrapper is processed for issue of the patent.” This means: The file wrapper is prepared for publication as part of…
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