What happens if a petition to expunge information is not filed before the application is allowed?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

If a petition to expunge information is not filed before the application is allowed, the opportunity to expunge information may be significantly limited. According to MPEP 724.05:

‘A petition to expunge information will not be considered if filed after the application has been allowed, except where the information to be expunged has been submitted after allowance and is not substantive information.’

This means that once an application is allowed, the ability to expunge information becomes more restricted. Petitions filed after allowance will only be considered for non-substantive information submitted after the allowance. It’s crucial for applicants to file any necessary petitions to expunge before the application reaches the allowance stage to ensure the best chance of success.