Can court documents and non-patent literature be modified when submitting for supplemental examination?
According to MPEP 2807, court documents and non-patent literature can be redacted but must otherwise remain unmodified. The MPEP states: “37 CFR 1.615(b) provides that court documents and non-patent literature may be redacted, but must otherwise be identical both in content and in format to the original documents, and if a court document, to the…
Read MoreWhat 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 MoreHow are confidential materials handled in reissue applications open to the public?
Confidential materials submitted under MPEP § 724.02 in reissue applications open to the public under 37 CFR 1.11(b) are handled as follows: Materials are kept separate from the main application file They are not publicly available until a determination of materiality to patentability is made If found not material, they can be expunged upon petition…
Read MoreWhat procedures does the USPTO use to ensure completeness of the patent file wrapper?
The USPTO has established specific procedures to ensure the completeness of the patent file wrapper while protecting sensitive information. MPEP 724.01 mentions that The procedures set forth in the following sections are designed to enable the Office to ensure as complete a patent file wrapper as possible while preventing unnecessary public disclosure of trade secrets,…
Read MoreCan protected material be redacted if found material to patentability in a reissue application?
Yes, it is possible to redact protected material found to be material to patentability in a reissue application. The process involves: Identifying the protected material within the submission that is material to patentability. Creating a redacted version that removes the protected information while retaining the important material. Submitting the redacted version to the Office along…
Read More