Can documents be expunged from a patent application file?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, under certain circumstances, documents can be expunged from a patent application file. According to MPEP 719.01 : 37 CFR 1.59 provides that certain documents may be expunged if they were unintentionally submitted or contain proprietary information which has not been made public and is not important to a decision of patentability. However, this is an exception to the general rule that papers entered into the image file wrapper become a permanent part of the record. For more detailed information on the expungement process, refer to MPEP § 724 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Original Disclosure Cannot Be Expunged Without Director’s Approval MPEP 719.01 Recommended Trade Secrets and Proprietary Information Submission MPEP 724 Required Papers Not Part of Record Must Not Be Entered MPEP 719.01 Recommended Inventors Must Disclose Material Information MPEP 724 Inventors Must Disclose Material Information MPEP 724 Material Information for Patentability MPEP 724 Establishing Prima Facie Case for Unpatentability MPEP 724 Permitted Material Information Must Be Disclosed to Office MPEP 724 Permitted Material Information Must Be Disclosed MPEP 724 Required Duty to Disclose Material Information During Reexamination MPEP 724 Other Related FAQs 5 FAQs Collapse How can an applicant obtain copies of papers submitted to the USPTO? What happens to papers submitted to the USPTO after they are entered into the image file wrapper? What happens to papers filed after the mailing of a Notice of Allowance in an IFW application? How are sequence listings handled in the Image File Wrapper? How are papers electronically submitted to the USPTO handled in the Image File W...