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.

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Tags: patent application