What is the process for handling submitted materials when a reissue application is being allowed?

When a reissue application containing materials submitted under MPEP § 724.02 is being allowed, the following process occurs:

1. Before mailing a notice of allowability, the examiner reviews the reissue application file for any unacted-upon petitions to expunge.
2. The examiner or appropriate Office official determines whether the submitted information is material to patentability.
3. If found material, the petition to expunge is denied, and the information becomes a permanent part of the public file.
4. If not material, the petition to expunge is granted, and the information is expunged.
5. If no petition to expunge is filed before the notice of allowability is mailed, the materials become part of the public file under 37 CFR 1.11(b).

The MPEP states: “If the reissue application is being allowed, prior to the mailing of a notice of allowability, the examiner will review the reissue application file and determine if a petition to expunge is in the reissue 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.”

To learn more:

• reissue applications
• allowance
• petition to expunge
• material to patentability
• public access
• MPEP 724.02
• 37 CFR 1.11(b)

To learn more:

• MPEP 724.02
• 37 CFR 1.11(b)