Can expunged information be accessed by the public after a patent is granted?
Can expunged information be accessed by the public after a patent is granted?
Yes, expunged information can be accessed by the public after a patent is granted, but only under specific circumstances. The MPEP 724.06 states:
“The expunged information, if later requested by the public pursuant to MPEP § 103, may be available.”
This means that while the information is removed from the readily accessible application file, it is not completely destroyed. If a member of the public makes a specific request under the procedures outlined in MPEP § 103, they may be granted access to the expunged information. This policy balances the need for protecting sensitive information with the principle of public disclosure in the patent system.
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