How are materials submitted under MPEP § 724.02 treated in applications covered by 35 U.S.C. 122?

Materials submitted under MPEP § 724.02 in applications covered by 35 U.S.C. 122 are treated as follows:

• The materials are kept in a sealed envelope marked “Not Open To The Public”.
• They are not publicly available until a determination is made regarding their materiality to patentability.
• After publication under 35 U.S.C. 122(b)(1), the materials are only released if no petition to expunge was filed or if such a petition was denied.
• The examiner reviews the application file for any pending petitions to expunge before abandonment or allowance.

As stated in the MPEP: “Any materials submitted under MPEP § 724.02 in an application covered by 35 U.S.C. 122 will be treated in the following manner: (A) The submitted material will be maintained in the original envelope or container (clearly marked “Not Open To The Public”) and will not be publicly available until a determination has been made as to whether or not the information is material to patentability.”

To learn more:

• confidential materials
• patent application
• MPEP 724.02
• 35 U.S.C. 122
• public availability

To learn more:

• MPEP 724.02
• 35 U.S.C. 122