What is a petition to expunge information in a patent application?
A petition to expunge information in a patent application is a formal request to remove certain information from the application file. This process is governed by 37 CFR 1.59(b) and is typically used for sensitive or proprietary information that was submitted unintentionally or under specific conditions.
According to MPEP 724.05, A petition under 37 CFR 1.59(b) to expunge information submitted under MPEP § 724.02, or that should have been submitted under MPEP § 724.02 (as where proprietary information is submitted in an information disclosure statement but inadvertently not submitted in a sealed envelope as discussed in MPEP § 724.02) will be entertained only if the petition fee (37 CFR 1.17(g)) is filed and the information has been found not to be material to patentability.
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