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 information disclosure statement (IDS)) may be granted, but only when the petition is accompanied by a statement that the information submitted was unintentionally submitted and the failure to obtain its return would cause irreparable harm to the party who submitted the information or to the party in interest on whose behalf the information was submitted.”
This means that for a petition to expunge IDS information to be considered:
- The submission must have been unintentional
- Failure to expunge would cause irreparable harm
- A statement explaining these points must accompany the petition
It’s important to note that the USPTO takes the duty of disclosure seriously, and expungement of IDS information is not granted lightly. The petitioner must provide a compelling case for why the information should be removed from the record.
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