What happens if a reissue application is abandoned with submitted materials under MPEP § 724.02?

When a reissue application containing materials submitted under MPEP § 724.02 is to be abandoned, the following process occurs:

1. The examiner reviews the reissue application file before mailing a notice of abandonment.
2. If a petition to expunge is found in the file but not yet acted upon, it will be granted regardless of the materials’ materiality to patentability.
3. The materials will then be expunged.
4. If no petition to expunge has been filed, the materials become available to the public under 37 CFR 1.11(b).

As stated in the MPEP: “If the reissue application is to be abandoned, prior to the mailing of a notice of abandonment, the examiner will review the reissue application file and determine if a petition to expunge is in the reissue application file but not acted upon. If a petition to expunge has been filed, irrespective of whether the materials are found to be material to patentability, the petition to expunge will be granted and the materials expunged.”

To learn more:

• reissue applications
• abandonment
• petition to expunge
• public access
• MPEP 724.02
• 37 CFR 1.11(b)

To learn more:

• MPEP 724.02
• 37 CFR 1.11(b)