Can examiners remove papers from the patent file wrapper?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
No, examiners are not permitted to remove papers from the patent file wrapper. The MPEP 724.01 clearly states: ‘No paper legally entered in the application file should be permanently removed from the file wrapper.’ This rule ensures the integrity and completeness of the patent record. If a paper is incorrectly placed in the file wrapper, it may be returned to the party who submitted it, but a copy must be retained in the file. This practice maintains transparency and a full history of all documents related to the patent application.