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 is the process for expunging materials in a reexamination file?
The process for expunging materials in a reexamination file involves submitting a petition and following specific timing requirements. According to MPEP § 724.04(c): “A petition to expunge (37 CFR 1.59) should accompany the submission of proprietary materials, and in any event, must be filed prior to, or shortly after (i.e., in time to be addressed…
Read MoreCan a requirement for information be made in an issued patent or abandoned application?
Yes, under limited circumstances, a requirement for information can be made in an issued patent or abandoned application. The MPEP 704.11(b) states: “Under limited circumstances, requirements under 37 CFR 1.105 may be made in an application that is issued or abandoned. Such a requirement would normally be made only during part of some ongoing proceeding…
Read MoreCan a requirement for information be made with a final rejection?
Generally, a requirement for information should not be made with or after a final rejection. The MPEP 704.11(b) states: “Ordinarily, a request for information should not be made with or after a final rejection.” This guideline exists because the reasonable necessity criteria for a requirement for information implies further action by the examiner. When a…
Read MoreHow are proprietary materials handled in reexamination proceedings?
Proprietary materials submitted in reexamination proceedings are handled with care to protect sensitive information. According to MPEP § 724.04(c): “Any materials, i.e., information, properly submitted under MPEP § 724.02 in a reexamination proceeding will be sealed from public view. The submitted information will be maintained separate from the reexamination file and will not be publicly…
Read MoreWhat options are available if only a portion of submitted information is found to be material to patentability?
When only a portion of submitted information is found to be material to patentability in a reexamination, there are options available to protect non-material information. According to MPEP § 724.04(c): “If a portion of the submitted information is found not to be material to patentability, and a portion is found to be material to patentability,…
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