Can original disclosure information be expunged from a patent application?

Question

Accepted Answer

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. No, original disclosure information cannot be expunged from a patent application. According to 37 CFR 1.59(a)(2) : Information forming part of the original disclosure (i.e., written specification including the claims, drawings, and any preliminary amendment present on the filing date of the application) will not be expunged from the application file. This rule ensures that the complete original disclosure remains part of the patent application record. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Material Information for Patentability MPEP 724 Inventors Must Disclose Material Information MPEP 724 Inventors Must Disclose Material Information 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 Trade Secrets Must Not Be Considered During Examination MPEP 724 Recommended Submission of Trade Secrets Must Not Disclose Material Information MPEP 724 Recommended Trade Secrets and Proprietary Information Submission MPEP 724 Required Other Related FAQs 5 FAQs Collapse What happens if a reissue application is abandoned with submitted materials under MPEP § 724.02? What is the process for handling submitted materials when a reissue application is being allowed? What happens if no petition to expunge is filed before the notice of allowability in a reissue application? What options are available if only a portion of submitted information is found to be material to patentability? Can a petition to expunge be filed for information in an abandoned application?