When do materials submitted under MPEP § 724.02 become publicly available?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Materials submitted under MPEP § 724.02 may become publicly available under different circumstances:

• After publication of the application under 35 U.S.C. 122(b)(1), if no petition to expunge was filed or if such a petition was denied.
• Upon abandonment of the application, if no petition to expunge was filed.
• Upon issuance of the application as a patent, if no petition to expunge was filed before the notice of allowability was mailed.

The MPEP states: “If a petition to expunge is not filed prior to the mailing of the notice of allowability, the materials submitted under MPEP § 724.02 will be released to the public upon the issuance of the application as a patent and upon the filing of a request and the appropriate fee (37 CFR 1.14).”

It’s crucial for applicants to file petitions to expunge in a timely manner if they wish to maintain the confidentiality of these materials.