Can 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…

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How 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…

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What 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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