MPEP § 2207 — Entry of Court Decision in Patent File (Annotated Rules)

§2207 Entry of Court Decision in Patent File

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 2207, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Entry of Court Decision in Patent File

This section addresses Entry of Court Decision in Patent File. Primary authority: 35 U.S.C. 290, 35 U.S.C. 2242, and 35 U.S.C. 2642. Contains: 3 requirements, 2 permissions, and 9 other statements.

Key Rules

Topic

PTAB Jurisdiction

7 rules
StatutoryRequiredAlways
[mpep-2207-becbf91704386f3fcd693ec8]
Entire Court Decision Required for Patent File
Note:
The Solicitor’s Office requires the entire court decision to be supplied and entered into the patent file, not just notices required by 35 U.S.C. 290.

The Solicitor’s Office processes notices required by 35 U.S.C. 290, received from the clerks of the various courts in the United States, and has them entered in the patent file. However, it is considered desirable that the entire court decision be supplied to the Office for entry into the patent file. Accordingly, the Office will accept at any time from any party for placement in the patent file, submissions of the following: copies of notices of suits, copies of notices regarding other proceedings involving the patent and copies of decisions from litigation or other proceedings involving the patent. The Office will accept for entry into the patent file other court papers, or papers filed in the court, from litigation or other proceedings involving the patent. The decisions from litigation or other proceedings include final court decisions (even if the decision is still appealable), decisions to vacate, decisions to remand, and decisions as to the merits of the patent claims. Non-merit decisions (e.g., on motions for a new venue, a new trial/discovery date, or sanctions) will not be entered and will be expunged from the patent file by closing the appropriate paper if they were entered before recognizing their nature. Further, papers filed in the court from litigation or other proceedings involving the patent will not be entered into the patent file (and will be expunged if already entered) if they provide a party’s arguments (e.g., a memorandum in support of summary judgment). If the argument has an entry right in the reexamination proceeding, it must be submitted via the proper procedural vehicle (provision(s) of the rules) that provides for their entry. It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide a notice identifying the application/proceeding number and its status. Any submission that is not permitted entry will be returned, expunged, or discarded, at the sole discretion of the Office.

Jump to MPEP SourcePTAB JurisdictionEstoppel After JudgmentPTAB Contested Case Procedures
StatutoryInformativeAlways
[mpep-2207-678563739c702df0a76d298d]
Court Papers for Patent File
Note:
The Office accepts submissions of notices of suits, other proceedings involving the patent, and decisions from litigation at any time. Court papers providing arguments are not entered unless they have entry rights in reexamination.

The Solicitor’s Office processes notices required by 35 U.S.C. 290, received from the clerks of the various courts in the United States, and has them entered in the patent file. However, it is considered desirable that the entire court decision be supplied to the Office for entry into the patent file. Accordingly, the Office will accept at any time from any party for placement in the patent file, submissions of the following: copies of notices of suits, copies of notices regarding other proceedings involving the patent and copies of decisions from litigation or other proceedings involving the patent. The Office will accept for entry into the patent file other court papers, or papers filed in the court, from litigation or other proceedings involving the patent. The decisions from litigation or other proceedings include final court decisions (even if the decision is still appealable), decisions to vacate, decisions to remand, and decisions as to the merits of the patent claims. Non-merit decisions (e.g., on motions for a new venue, a new trial/discovery date, or sanctions) will not be entered and will be expunged from the patent file by closing the appropriate paper if they were entered before recognizing their nature. Further, papers filed in the court from litigation or other proceedings involving the patent will not be entered into the patent file (and will be expunged if already entered) if they provide a party’s arguments (e.g., a memorandum in support of summary judgment). If the argument has an entry right in the reexamination proceeding, it must be submitted via the proper procedural vehicle (provision(s) of the rules) that provides for their entry. It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide a notice identifying the application/proceeding number and its status. Any submission that is not permitted entry will be returned, expunged, or discarded, at the sole discretion of the Office.

Jump to MPEP SourcePTAB JurisdictionPTAB Contested Case ProceduresEstoppel After Judgment
StatutoryInformativeAlways
[mpep-2207-ecbfc1038cd5c78a745aaf37]
Court Papers for Patent Litigation Allowed
Note:
The Office will accept copies of court papers from litigation or other proceedings involving a patent, including decisions and filings, for entry into the patent file.

The Solicitor’s Office processes notices required by 35 U.S.C. 290, received from the clerks of the various courts in the United States, and has them entered in the patent file. However, it is considered desirable that the entire court decision be supplied to the Office for entry into the patent file. Accordingly, the Office will accept at any time from any party for placement in the patent file, submissions of the following: copies of notices of suits, copies of notices regarding other proceedings involving the patent and copies of decisions from litigation or other proceedings involving the patent. The Office will accept for entry into the patent file other court papers, or papers filed in the court, from litigation or other proceedings involving the patent. The decisions from litigation or other proceedings include final court decisions (even if the decision is still appealable), decisions to vacate, decisions to remand, and decisions as to the merits of the patent claims. Non-merit decisions (e.g., on motions for a new venue, a new trial/discovery date, or sanctions) will not be entered and will be expunged from the patent file by closing the appropriate paper if they were entered before recognizing their nature. Further, papers filed in the court from litigation or other proceedings involving the patent will not be entered into the patent file (and will be expunged if already entered) if they provide a party’s arguments (e.g., a memorandum in support of summary judgment). If the argument has an entry right in the reexamination proceeding, it must be submitted via the proper procedural vehicle (provision(s) of the rules) that provides for their entry. It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide a notice identifying the application/proceeding number and its status. Any submission that is not permitted entry will be returned, expunged, or discarded, at the sole discretion of the Office.

Jump to MPEP SourcePTAB JurisdictionEstoppel After JudgmentPTAB Contested Case Procedures
StatutoryInformativeAlways
[mpep-2207-3299441693b243076fc03c21]
Non-Merit Decisions Not Entered in Patent File
Note:
Non-merit decisions, such as those on motions for a new venue or sanctions, will not be entered and are expunged from the patent file.

The Solicitor’s Office processes notices required by 35 U.S.C. 290, received from the clerks of the various courts in the United States, and has them entered in the patent file. However, it is considered desirable that the entire court decision be supplied to the Office for entry into the patent file. Accordingly, the Office will accept at any time from any party for placement in the patent file, submissions of the following: copies of notices of suits, copies of notices regarding other proceedings involving the patent and copies of decisions from litigation or other proceedings involving the patent. The Office will accept for entry into the patent file other court papers, or papers filed in the court, from litigation or other proceedings involving the patent. The decisions from litigation or other proceedings include final court decisions (even if the decision is still appealable), decisions to vacate, decisions to remand, and decisions as to the merits of the patent claims. Non-merit decisions (e.g., on motions for a new venue, a new trial/discovery date, or sanctions) will not be entered and will be expunged from the patent file by closing the appropriate paper if they were entered before recognizing their nature. Further, papers filed in the court from litigation or other proceedings involving the patent will not be entered into the patent file (and will be expunged if already entered) if they provide a party’s arguments (e.g., a memorandum in support of summary judgment). If the argument has an entry right in the reexamination proceeding, it must be submitted via the proper procedural vehicle (provision(s) of the rules) that provides for their entry. It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide a notice identifying the application/proceeding number and its status. Any submission that is not permitted entry will be returned, expunged, or discarded, at the sole discretion of the Office.

Jump to MPEP SourcePTAB JurisdictionEstoppel After JudgmentPTAB Contested Case Procedures
StatutoryInformativeAlways
[mpep-2207-47f684eeaba5d3eb735974e7]
Court Decision Must Be Promptly Entered In Patent File
Note:
Any proper submission of court decision will be promptly placed on record in the patent file without additional comment.

It is noted that if the Office, in its sole discretion, deems the volume of the papers filed from litigation or other proceedings to be too lengthy, the Office may return, expunge, or discard, at its sole discretion, all or part of the submission. In such an instance, a party may limit the submission in accordance with what is deemed relevant, and resubmit the papers. Such submissions must be provided without additional comment. Persons making such submissions must limit the submission to the notification and not include further arguments or information. Highlighting of certain text by underlining, fluorescent marker, etc., goes beyond bare notice of the prior or concurrent proceedings. Any proper submission will be promptly placed on record (entered) in the patent file. Entry of these submissions is performed by the Files Repository personnel, unless a reexamination proceeding is pending, in which case, the Central Reexamination Unit, the Technology Center, or other area of the Office having responsibility for the reexamination enters the submission.

Jump to MPEP SourcePTAB JurisdictionCentral Reexamination Unit ProcessingMerged Reexamination Proceedings
StatutoryInformativeAlways
[mpep-2207-dc59bbc2e33b528ae61470c5]
Foreign Court Submissions Prohibited
Note:
Submissions to the Office from courts outside the United States will be discarded at the Office's discretion.

It is to be further noted that 35 U.S.C. 290 is directed to “courts of the United States.” Accordingly, any submission of papers from a court outside the United States (a foreign jurisdiction) will be returned, expunged or discarded, at the sole discretion of the Office.

Jump to MPEP SourcePTAB JurisdictionPTAB Contested Case Procedures
StatutoryInformativeAlways
[mpep-2207-e0f634aab62ea69686aae811]
Foreign Court Submissions Prohibited
Note:
Submissions from courts outside the United States will be returned, expunged, or discarded at the Office's discretion.

It is to be further noted that 35 U.S.C. 290 is directed to “courts of the United States.” Accordingly, any submission of papers from a court outside the United States (a foreign jurisdiction) will be returned, expunged or discarded, at the sole discretion of the Office.

Jump to MPEP SourcePTAB JurisdictionPTAB Contested Case Procedures
Topic

Estoppel After Judgment

4 rules
StatutoryInformativeAlways
[mpep-2207-640b1fcf594f0253f50aac9f]
Decisions Including Merits Must Be Entered
Note:
All final court decisions, including those on merits of patent claims and remands, must be submitted for entry into the patent file.

The Solicitor’s Office processes notices required by 35 U.S.C. 290, received from the clerks of the various courts in the United States, and has them entered in the patent file. However, it is considered desirable that the entire court decision be supplied to the Office for entry into the patent file. Accordingly, the Office will accept at any time from any party for placement in the patent file, submissions of the following: copies of notices of suits, copies of notices regarding other proceedings involving the patent and copies of decisions from litigation or other proceedings involving the patent. The Office will accept for entry into the patent file other court papers, or papers filed in the court, from litigation or other proceedings involving the patent. The decisions from litigation or other proceedings include final court decisions (even if the decision is still appealable), decisions to vacate, decisions to remand, and decisions as to the merits of the patent claims. Non-merit decisions (e.g., on motions for a new venue, a new trial/discovery date, or sanctions) will not be entered and will be expunged from the patent file by closing the appropriate paper if they were entered before recognizing their nature. Further, papers filed in the court from litigation or other proceedings involving the patent will not be entered into the patent file (and will be expunged if already entered) if they provide a party’s arguments (e.g., a memorandum in support of summary judgment). If the argument has an entry right in the reexamination proceeding, it must be submitted via the proper procedural vehicle (provision(s) of the rules) that provides for their entry. It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide a notice identifying the application/proceeding number and its status. Any submission that is not permitted entry will be returned, expunged, or discarded, at the sole discretion of the Office.

Jump to MPEP SourceEstoppel After JudgmentPTAB JurisdictionPTAB Contested Case Procedures
StatutoryInformativeAlways
[mpep-2207-b4875de04cde96fd8426b265]
Arguments Supporting Summary Judgment Not to Be Entered in Patent File
Note:
Papers providing party arguments, such as memoranda supporting summary judgment, will not be entered into the patent file and will be expunged if already entered.

The Solicitor’s Office processes notices required by 35 U.S.C. 290, received from the clerks of the various courts in the United States, and has them entered in the patent file. However, it is considered desirable that the entire court decision be supplied to the Office for entry into the patent file. Accordingly, the Office will accept at any time from any party for placement in the patent file, submissions of the following: copies of notices of suits, copies of notices regarding other proceedings involving the patent and copies of decisions from litigation or other proceedings involving the patent. The Office will accept for entry into the patent file other court papers, or papers filed in the court, from litigation or other proceedings involving the patent. The decisions from litigation or other proceedings include final court decisions (even if the decision is still appealable), decisions to vacate, decisions to remand, and decisions as to the merits of the patent claims. Non-merit decisions (e.g., on motions for a new venue, a new trial/discovery date, or sanctions) will not be entered and will be expunged from the patent file by closing the appropriate paper if they were entered before recognizing their nature. Further, papers filed in the court from litigation or other proceedings involving the patent will not be entered into the patent file (and will be expunged if already entered) if they provide a party’s arguments (e.g., a memorandum in support of summary judgment). If the argument has an entry right in the reexamination proceeding, it must be submitted via the proper procedural vehicle (provision(s) of the rules) that provides for their entry. It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide a notice identifying the application/proceeding number and its status. Any submission that is not permitted entry will be returned, expunged, or discarded, at the sole discretion of the Office.

Jump to MPEP SourceEstoppel After JudgmentPTAB JurisdictionPTAB Contested Case Procedures
StatutoryRequiredAlways
[mpep-2207-768f5cbbb209acd64a5fc073]
Proper Submission for Reexamination Proceeding
Note:
Submitters must use the correct procedural vehicle to enter arguments in reexamination proceedings; submitting copies of copending proceedings is not permitted.

The Solicitor’s Office processes notices required by 35 U.S.C. 290, received from the clerks of the various courts in the United States, and has them entered in the patent file. However, it is considered desirable that the entire court decision be supplied to the Office for entry into the patent file. Accordingly, the Office will accept at any time from any party for placement in the patent file, submissions of the following: copies of notices of suits, copies of notices regarding other proceedings involving the patent and copies of decisions from litigation or other proceedings involving the patent. The Office will accept for entry into the patent file other court papers, or papers filed in the court, from litigation or other proceedings involving the patent. The decisions from litigation or other proceedings include final court decisions (even if the decision is still appealable), decisions to vacate, decisions to remand, and decisions as to the merits of the patent claims. Non-merit decisions (e.g., on motions for a new venue, a new trial/discovery date, or sanctions) will not be entered and will be expunged from the patent file by closing the appropriate paper if they were entered before recognizing their nature. Further, papers filed in the court from litigation or other proceedings involving the patent will not be entered into the patent file (and will be expunged if already entered) if they provide a party’s arguments (e.g., a memorandum in support of summary judgment). If the argument has an entry right in the reexamination proceeding, it must be submitted via the proper procedural vehicle (provision(s) of the rules) that provides for their entry. It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide a notice identifying the application/proceeding number and its status. Any submission that is not permitted entry will be returned, expunged, or discarded, at the sole discretion of the Office.

Jump to MPEP SourceEstoppel After JudgmentPTAB JurisdictionPTAB Contested Case Procedures
StatutoryPermittedAlways
[mpep-2207-f47c03690a8e6a7b43716cba]
Court Submissions Must Be Permitted
Note:
Submissions to the Office must be permitted; otherwise, they will be returned, expunged, or discarded at the Office's discretion.

The Solicitor’s Office processes notices required by 35 U.S.C. 290, received from the clerks of the various courts in the United States, and has them entered in the patent file. However, it is considered desirable that the entire court decision be supplied to the Office for entry into the patent file. Accordingly, the Office will accept at any time from any party for placement in the patent file, submissions of the following: copies of notices of suits, copies of notices regarding other proceedings involving the patent and copies of decisions from litigation or other proceedings involving the patent. The Office will accept for entry into the patent file other court papers, or papers filed in the court, from litigation or other proceedings involving the patent. The decisions from litigation or other proceedings include final court decisions (even if the decision is still appealable), decisions to vacate, decisions to remand, and decisions as to the merits of the patent claims. Non-merit decisions (e.g., on motions for a new venue, a new trial/discovery date, or sanctions) will not be entered and will be expunged from the patent file by closing the appropriate paper if they were entered before recognizing their nature. Further, papers filed in the court from litigation or other proceedings involving the patent will not be entered into the patent file (and will be expunged if already entered) if they provide a party’s arguments (e.g., a memorandum in support of summary judgment). If the argument has an entry right in the reexamination proceeding, it must be submitted via the proper procedural vehicle (provision(s) of the rules) that provides for their entry. It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide a notice identifying the application/proceeding number and its status. Any submission that is not permitted entry will be returned, expunged, or discarded, at the sole discretion of the Office.

Jump to MPEP SourceEstoppel After JudgmentPTAB JurisdictionPTAB Contested Case Procedures
Topic

Central Reexamination Unit Processing

2 rules
StatutoryPermittedAlways
[mpep-2207-0ef1b51556817c684f0442f9]
Office May Discard Excessively Long Submissions
Note:
The Office has discretion to return, expunge, or discard parts of lengthy submissions from litigation or other proceedings if deemed necessary.

It is noted that if the Office, in its sole discretion, deems the volume of the papers filed from litigation or other proceedings to be too lengthy, the Office may return, expunge, or discard, at its sole discretion, all or part of the submission. In such an instance, a party may limit the submission in accordance with what is deemed relevant, and resubmit the papers. Such submissions must be provided without additional comment. Persons making such submissions must limit the submission to the notification and not include further arguments or information. Highlighting of certain text by underlining, fluorescent marker, etc., goes beyond bare notice of the prior or concurrent proceedings. Any proper submission will be promptly placed on record (entered) in the patent file. Entry of these submissions is performed by the Files Repository personnel, unless a reexamination proceeding is pending, in which case, the Central Reexamination Unit, the Technology Center, or other area of the Office having responsibility for the reexamination enters the submission.

Jump to MPEP SourceCentral Reexamination Unit ProcessingMerged Reexamination ProceedingsPTAB Jurisdiction
StatutoryInformativeAlways
[mpep-2207-2a2f701a12742775ddcf6911]
Reexamination Submission Entered by Relevant Unit
Note:
Submissions are entered by Files Repository personnel unless a reexamination proceeding is pending, in which case the Central Reexamination Unit or responsible area enters them.

It is noted that if the Office, in its sole discretion, deems the volume of the papers filed from litigation or other proceedings to be too lengthy, the Office may return, expunge, or discard, at its sole discretion, all or part of the submission. In such an instance, a party may limit the submission in accordance with what is deemed relevant, and resubmit the papers. Such submissions must be provided without additional comment. Persons making such submissions must limit the submission to the notification and not include further arguments or information. Highlighting of certain text by underlining, fluorescent marker, etc., goes beyond bare notice of the prior or concurrent proceedings. Any proper submission will be promptly placed on record (entered) in the patent file. Entry of these submissions is performed by the Files Repository personnel, unless a reexamination proceeding is pending, in which case, the Central Reexamination Unit, the Technology Center, or other area of the Office having responsibility for the reexamination enters the submission.

Jump to MPEP SourceCentral Reexamination Unit ProcessingEx Parte ReexaminationMerged Reexamination Proceedings
Topic

PTAB Contested Case Procedures

1 rules
StatutoryRequiredAlways
[mpep-2207-2459e3cd24a0b667be978b3f]
Relevant Resubmission Allowed Without Additional Comments
Note:
Parties may resubmit relevant papers without additional arguments if the Office deems the original submission too lengthy.

It is noted that if the Office, in its sole discretion, deems the volume of the papers filed from litigation or other proceedings to be too lengthy, the Office may return, expunge, or discard, at its sole discretion, all or part of the submission. In such an instance, a party may limit the submission in accordance with what is deemed relevant, and resubmit the papers. Such submissions must be provided without additional comment. Persons making such submissions must limit the submission to the notification and not include further arguments or information. Highlighting of certain text by underlining, fluorescent marker, etc., goes beyond bare notice of the prior or concurrent proceedings. Any proper submission will be promptly placed on record (entered) in the patent file. Entry of these submissions is performed by the Files Repository personnel, unless a reexamination proceeding is pending, in which case, the Central Reexamination Unit, the Technology Center, or other area of the Office having responsibility for the reexamination enters the submission.

Jump to MPEP SourcePTAB Contested Case ProceduresCentral Reexamination Unit ProcessingMerged Reexamination Proceedings
Topic

Merged Reexamination Proceedings

1 rules
StatutoryInformativeAlways
[mpep-2207-d42eedddf6a76b334c232239]
Highlighting Beyond Notice Prohibited
Note:
Submissions must not highlight text using underlining, fluorescent markers, etc., but should limit to basic notice of prior or concurrent proceedings.

It is noted that if the Office, in its sole discretion, deems the volume of the papers filed from litigation or other proceedings to be too lengthy, the Office may return, expunge, or discard, at its sole discretion, all or part of the submission. In such an instance, a party may limit the submission in accordance with what is deemed relevant, and resubmit the papers. Such submissions must be provided without additional comment. Persons making such submissions must limit the submission to the notification and not include further arguments or information. Highlighting of certain text by underlining, fluorescent marker, etc., goes beyond bare notice of the prior or concurrent proceedings. Any proper submission will be promptly placed on record (entered) in the patent file. Entry of these submissions is performed by the Files Repository personnel, unless a reexamination proceeding is pending, in which case, the Central Reexamination Unit, the Technology Center, or other area of the Office having responsibility for the reexamination enters the submission.

Jump to MPEP SourceMerged Reexamination ProceedingsCentral Reexamination Unit ProcessingPTAB Jurisdiction
Topic

Grounds for Reexamination

1 rules
StatutoryInformativeAlways
[mpep-2207-5e1324bb4c84dae2a992c8ce]
Handling of Reexamination Requests for Litigation Involving Patents
Note:
Describes how to handle ex parte and inter partes reexamination requests for patents involved in litigation, referring to MPEP sections for guidance.

Where a request for reexamination has been filed, see MPEP § 2282 for ex parte reexamination and MPEP § 2686 for inter partes reexamination. See MPEP § 2240 and § 2242 for handling of requests for ex parte reexamination of patents involved in litigation. See MPEP § 2640 and § 2642 for handling of requests for inter partes reexamination of patents involved in litigation.

Jump to MPEP SourceGrounds for ReexaminationInter Partes Reexamination RequestInter Partes Reexamination

Citations

Primary topicCitation
Grounds for Reexamination35 U.S.C. § 2242
Grounds for Reexamination35 U.S.C. § 2642
Estoppel After Judgment
PTAB Jurisdiction
35 U.S.C. § 290
Grounds for ReexaminationMPEP § 2240
Grounds for ReexaminationMPEP § 2282
Grounds for ReexaminationMPEP § 2640
Grounds for ReexaminationMPEP § 2686

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31