Can I expunge information submitted in the incorrect patent application?

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, you can petition to expunge information submitted in the incorrect patent application. MPEP 724.05 addresses this situation under 37 CFR 1.59(b):

37 CFR 1.59(b) also covers the situation where an unintended heading has been placed on papers so that they are present in an incorrect application file. In such a situation, a petition should request that the papers be expunged rather than transferred to the correct application file.

The petition will be evaluated based on the factors for unintentional submission of information. However, if the Office can determine the correct application based on identifying information in the paper’s heading, they may transfer the papers without requiring a petition.

It’s important to note that if the papers are correctly matched with the application serial number given in an electronic filing via EFS-WEB, the information is not considered to have been submitted in the incorrect application even if the identifying information in the heading of the papers is directed toward a different application.