How are incorrect papers handled in the patent file wrapper?
How are incorrect papers handled in the patent file wrapper?
When a paper is incorrectly placed in the patent file wrapper, the USPTO has specific procedures to handle it while maintaining the integrity of the record. According to MPEP 724.01: ‘If a paper is placed in the file by applicant which discloses proprietary material, it may be returned to the applicant for submission under 37 CFR 1.59 but the Office will retain a copy of the paper.’ This approach ensures that while incorrect or proprietary papers can be addressed, a complete record is still maintained. The examiner or other USPTO personnel will typically make a note in the file indicating the reason for returning the paper and retaining a copy.
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