How does access to files under 37 CFR 41.109 differ from public access under 37 CFR 1.11 and 1.14?

Access to files under 37 CFR 41.109 is distinct from public access under 37 CFR 1.11 and 1.14. The key differences are:

• 37 CFR 41.109 specifically applies to opposing parties in contested cases.
• It allows access to involved patents, applications, and accorded benefit applications.
• This access is independent of public availability under 37 CFR 1.11 and 1.14.

As stated in MPEP 2307.02: “The availability of a file to an opposing party under 37 CFR 41.109 has no bearing on whether a file is otherwise available under 37 CFR 1.11 or 1.14.” This means that even if a file is not publicly available, it may still be accessible to an opposing party in a contested case under 37 CFR 41.109.

To learn more:

• file access
• contested cases
• public access
• opposing parties