How can I petition to expunge papers from a patent application?
To petition for expungement of papers from a patent application, you need to follow the procedure outlined in 37 CFR 1.59. The MPEP states:
“Petitions to expunge papers from patent applications or patent files under 37 CFR 1.59 which were submitted under MPEP ยง 724.02 or as part of an information disclosure statement.“
Key points to remember:
- The petition must show that the expungement is appropriate
- Information submitted as part of an Information Disclosure Statement can be petitioned for expungement
- The Technology Center Director has the authority to decide these petitions
- Expungement is not guaranteed and depends on the specific circumstances
It’s important to note that once a patent application is published or a patent issues, it becomes part of the public record, making expungement more difficult.
To learn more: