What is the process for handling confidential materials when a patent application is allowed?

When a patent application is being allowed, the process for handling confidential materials is as follows:

1. The examiner reviews the application file for any pending petitions to expunge.
2. If a petition is found, the examiner or appropriate Office official determines whether the submitted information is material to patentability.
3. If any portion of the information is found to be material, the petition to expunge is denied, and the information becomes part of the file history.
4. If all of the information is found not to be material, the petition to expunge is granted, and the information is expunged.

The MPEP states: “If the application is being allowed, prior to the mailing of a notice of allowability, the examiner will review the patent application file and determine if a petition to expunge is in the application file but not acted upon. The examiner, or other appropriate Office official who is responsible for considering the information, will make a determination as to whether or not any portion or all of the information submitted is material to patentability.”

It’s important to note that if a petition to expunge is not filed before the notice of allowability is mailed, the materials will be released to the public upon issuance of the patent, as per 37 CFR 1.14.

To learn more:

• allowed patent application
• confidential materials
• petition to expunge
• materiality to patentability