Who decides on petitions to expunge information from patent applications?

The decision-maker for petitions to expunge information depends on the circumstances and stage of the application process:

  • For pending applications that have not been allowed or received an Ex parte Quayle action, the examiner initially considers the petition but holds the decision in abeyance.
  • For applications that have been allowed, received an Ex parte Quayle action, or been abandoned, a Technology Center Director decides on the petition, as stated in MPEP 724.06:

When an application has been allowed, an Ex parte Quayle action has been mailed, or an application is abandoned, a petition to expunge should be decided by a TC Director (see MPEP § 1002.02(c)).

However, there are exceptions:

  • If the information was not submitted under MPEP § 724.02 or in an information disclosure statement, the petition is sent to the Office of Petitions for decision.
  • If the petition is accompanied by a petition under 37 CFR 1.183 requesting waiver of requirements in 37 CFR 1.59, it is also sent to the Office of Petitions.

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Tags: patent application, USPTO procedure