What is the process for expunging materials in a reexamination file?
The process for expunging materials in a reexamination file involves submitting a petition and following specific timing requirements. According to MPEP § 724.04(c):
“A petition to expunge (37 CFR 1.59) should accompany the submission of proprietary materials, and in any event, must be filed prior to, or shortly after (i.e., in time to be addressed before the reexamination proceeding enters the reexamination certificate printing process), the mailing of a Notice of Intent to Issue Reexamination Certificate (NIRC).”
If the petition is not filed in time or is denied/dismissed, the materials will be released to the public with the reexamination file. The examiner will review the file and determine if any unaddressed petitions to expunge exist before mailing the NIRC.
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