What happens to confidential materials if a patent application is abandoned?
When a patent application is to be abandoned, the examiner reviews the file for any pending petitions to expunge confidential materials. The outcome depends on whether such a petition has been filed:
- If a petition to expunge has been filed, it will be granted and the materials will be expunged, regardless of their materiality to patentability.
- If no petition to expunge has been filed, the materials become available to the public under specific regulations.
The MPEP states: “If the application is to be abandoned, prior to the mailing of a notice of abandonment, the examiner will review the patent application file and determine if a petition to expunge is in the 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.”
If no petition is filed, the materials become public under 37 CFR 1.14(a)(1)(ii) or 37 CFR 1.14(a)(1)(iv).
To learn more: