Can documents be expunged from a patent file wrapper?
Can documents be expunged from a patent file wrapper?
Yes, under certain circumstances, documents can be expunged from a patent file wrapper. However, the process is strictly regulated to maintain the integrity of the patent record. According to MPEP 724.01:
“All business with the United States Patent and Trademark Office should be transacted in writing. The action of the Office will be based exclusively on the written record in the Office. No attention will be paid to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt.”
This statement underscores the importance of the written record. However, the MPEP also provides for expungement in specific cases:
- When a document contains trade secrets, proprietary material, or materials prejudicial to a third party
- When the document was unintentionally submitted
- When the document is not material to patentability
To request expungement, a petition under 37 CFR 1.59 must be filed. The Office carefully considers such requests to ensure that the integrity of the file wrapper is maintained while protecting legitimate interests of the parties involved.
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