What is the process for expunging information from a patent application file?

The process for expunging information from a patent application file is outlined in 37 CFR 1.59. An applicant can request expungement by:

• Filing a petition under 37 CFR 1.59(b)
• Paying the required fee set forth in 37 CFR 1.17(g)
• Establishing to the satisfaction of the Director that the expungement is appropriate

The MPEP states: Expungement of information that was originally submitted to the Office under MPEP § 724.02, or that should have been submitted in a sealed envelope as discussed in MPEP § 724.02, is appropriate when the petitioner complies with items (A)-(E) set forth in MPEP § 724.05, paragraph I, and the examiner or other appropriate Office official who is responsible for considering the information has determined that the information is not material to patentability.

To learn more:

• expungement
• patent application
• confidential information
• petition