When do materials submitted under MPEP § 724.02 become publicly available?
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.
To learn more:
- public availability
- confidential materials
- MPEP 724.02
- patent application publication
- patent issuance
To learn more: