How can I expunge information unintentionally submitted in a patent application?
To expunge information unintentionally submitted in a patent application, you can file a petition under 37 CFR 1.59(b). According to MPEP 724.05, the petition must meet the following criteria:
- The Office can return the information before patent issuance
- The submission was unintentional, and failure to return it would cause irreparable harm
- The information has not been made public
- There’s a commitment to retain the information for the patent’s duration
- The information is not material under 37 CFR 1.56
- The petition fee under 37 CFR 1.17(g) is included
It’s important to note that A request to expunge information that has not been clearly identified as information that may be later subject to such a request by marking and placement in a separate sealed envelope or container shall be treated on a case-by-case basis.
Therefore, it’s crucial to properly identify and segregate potentially sensitive information when submitting it to the USPTO.
To learn more:
To learn more: