What happens if no petition to expunge is filed before the notice of allowability in a reissue application?
If no petition to expunge is filed before the mailing of the notice of allowability in a reissue application, the following occurs:
- The materials submitted under MPEP § 724.02 become a permanent part of the reissue application file.
- These materials become open to the public under 37 CFR 1.11(b).
- There is no further opportunity to request expungement of these materials.
The MPEP explicitly states: “If a petition to expunge is not filed prior to the mailing of the notice of allowability, the materials submitted under MPEP § 724.02 will become a permanent part of the reissue application file and open to the public under 37 CFR 1.11(b).”
This emphasizes the importance of timely filing a petition to expunge if an applicant wishes to keep certain materials from becoming part of the public record.
To learn more:
- reissue applications
- notice of allowability
- petition to expunge
- public access
- MPEP 724.02
- 37 CFR 1.11(b)
To learn more: