What is the process for expunging information submitted after a Notice of Allowance?

What is the process for expunging information submitted after a Notice of Allowance?

The process for expunging information submitted after a Notice of Allowance is subject to specific conditions. According to MPEP 724.05:

‘Information submitted after allowance may be expunged if the requirements of 37 CFR 1.59 are met and the information is clearly unintentionally submitted and the failure to obtain its return would cause irreparable harm to the party who submitted the information or to the party in interest on whose behalf the information was submitted.’

To expunge information submitted after a Notice of Allowance:

• File a petition under 37 CFR 1.59
• Demonstrate that the information was unintentionally submitted
• Show that failure to return the information would cause irreparable harm
• Ensure the petition is timely filed before the patent issues

It’s crucial to act quickly and provide a compelling case for expungement, as the window for such actions closes once the patent issues.

To learn more:

• expunge information
• Notice of Allowance
• 37 CFR 1.59
• unintentional submission
• irreparable harm

To learn more:

• 37 CFR 1.59