[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR1.59]

[Page 57-58]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 1--RULES OF PRACTICE IN PATENT CASES--Table of Contents
 
                Subpart B--National Processing Provisions
 
Sec. 1.59  Expungement of information or copy of papers in application file.

    (a)(1) Information in an application will not be expunged and 
returned, except as provided in paragraph (b) of this section. See Sec. 
1.618 for return of unauthorized and improper papers in interferences.
    (2) Information forming part of the original disclosure (i.e., 
written specification including the claims, drawings, and any 
preliminary amendment specifically incorporated into an executed oath or 
declaration under Sec.Sec. 1.63 and 1.175) will not be expunged from the 
application file.

[[Page 58]]

    (b) An applicant may request that the Office expunge and return 
information, other than what is excluded by paragraph (a)(2) of this 
section, by filing a petition under this paragraph. Any petition to 
expunge and return information from an application must include the fee 
set forth in Sec. 1.17(h) and establish to the satisfaction of the 
Director that the return of the information is appropriate.
    (c) Upon request by an applicant and payment of the fee specified in 
Sec. 1.19(b), the Office will furnish copies of an application, unless 
the application has been disposed of (see Sec. 1.53 (e), (f) and (g)). 
The Office cannot provide or certify copies of an application that has 
been disposed of.

[62 FR 53188, Oct. 10, 1997, as amended at 65 FR 54667, Sept. 8, 2000]

    Effective Date Note: At 68 FR 38628, June 30, 2003,Sec. 1.59 was 
revised, effective July 30, 2003. For the convenience of the user, the 
revised text is set forth as follows:

Sec. 1.59  Expungement of information or copy of papers in application 
          file.

    (a)(1) Information in an application will not be expunged, except as 
provided in paragraph (b) of this section.
    (2) Information forming part of the original disclosure (i.e., 
written specification including the claims, drawings, and any 
preliminary amendment specifically incorporated into an executed oath or 
declaration under Sec.Sec. 1.63 and 1.175) will not be expunged from the 
application file.
    (b) An applicant may request that the Office expunge information, 
other than what is excluded by paragraph (a)(2) of this section, by 
filing a petition under this paragraph. Any petition to expunge 
information from an application must include the fee set forth in Sec. 
1.17(h) and establish to the satisfaction of the Director that the 
expungement of the information is appropriate in which case a notice 
granting the petition for expungement will be provided.
    (c) Upon request by an applicant and payment of the fee specified in 
Sec. 1.19(b), the Office will furnish copies of an application, unless 
the application has been disposed of (see Sec.Sec. 1.53(e), (f) and 
(g)). The Office cannot provide or certify copies of an application that 
has been disposed of.