What is the process for handling a petition to expunge when the application is abandoned?
What is the process for handling a petition to expunge when the application is abandoned?
When a petition to expunge is filed for an abandoned application, the process is slightly different from that of a pending or allowed application. The MPEP provides specific guidance on this scenario:
“If a petition to expunge is filed in an abandoned application, the petition will be dismissed per 37 CFR 1.59(b) unless accompanied by a petition to revive under 37 CFR 1.137 or a terminal disclaimer, in which case the petition to expunge will be held in abeyance pending a decision on the petition to revive.”
This means that for a petition to expunge in an abandoned application:
- The petition will be dismissed unless accompanied by a petition to revive or a terminal disclaimer
- If a petition to revive is filed, the expungement petition will be held in abeyance
- The expungement petition will only be considered if the application is revived
It’s important to note that if the application remains abandoned, the information sought to be expunged will not be publicly available, as abandoned applications are not published. However, if there’s a possibility of reviving the application, it’s crucial to address the expungement issue to ensure the information is properly handled if the application is revived and potentially published.
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