When is a decision on a petition to expunge information made?

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.

The decision on a petition to expunge information is typically held in abeyance until certain milestones in the application process. According to MPEP 724.06:

The decision on the petition to expunge should be held in abeyance until the application is allowed or an Ex parte Quayle action, or a Notice of Abandonment is mailed, at which time the petition will be decided.

This approach allows the examiner to fully consider the materiality of the information to patentability before making a decision on expungement. However, there is an exception:

However, where it is clear that the information was submitted in the wrong application, then the decision on the petition should not be held in abeyance.

In such cases, the decision may be made more promptly.