MPEP § 2307.02 — Access to Related Files (Annotated Rules)
§2307.02 Access to Related Files
This page consolidates and annotates all enforceable requirements under MPEP § 2307.02, 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.
Access to Related Files
This section addresses Access to Related Files. Primary authority: 37 CFR 41.109 and 37 CFR 1.11. Contains: 1 permission and 3 other statements.
Key Rules
PTAB Jurisdiction
(a) Request for access or copies. Any request from a party for access to or copies of Office records directly related to a contested case must be filed with the Board. The request must precisely identify the records and in the case of copies include the appropriate fee set under § 1.19(b) of this title.
(b) Authorization of access and copies. Access and copies will ordinarily only be authorized for the following records:
- (1) The application file for an involved patent;
- (2) An involved application; and
- (3) An application for which a party has been accorded benefit under subpart E of this part.
In addition to any access permitted to a member of the public under 37 CFR 1.11 and 1.14 (see MPEP § 103), an opposing party may be authorized under 37 CFR 41.109 to have access to or a copy of the record for any involved patent or application, and for any application for which benefit has been accorded. 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.
In addition to any access permitted to a member of the public under 37 CFR 1.11 and 1.14 (see MPEP § 103), an opposing party may be authorized under 37 CFR 41.109 to have access to or a copy of the record for any involved patent or application, and for any application for which benefit has been accorded. 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.
Document Supply Fees
(a) Request for access or copies. Any request from a party for access to or copies of Office records directly related to a contested case must be filed with the Board. The request must precisely identify the records and in the case of copies include the appropriate fee set under § 1.19(b) of this title.
(a) Request for access or copies. Any request from a party for access to or copies of Office records directly related to a contested case must be filed with the Board. The request must precisely identify the records and in the case of copies include the appropriate fee set under § 1.19(b) of this title.
PTAB Contested Case Procedures
(b) Authorization of access and copies. Access and copies will ordinarily only be authorized for the following records:
…
(3) An application for which a party has been accorded benefit under subpart E of this part.
Citations
| Primary topic | Citation |
|---|---|
| PTAB Jurisdiction | 37 CFR § 1.11 |
| Document Supply Fees PTAB Jurisdiction | 37 CFR § 1.19(b) |
| PTAB Jurisdiction | 37 CFR § 41.109 |
| PTAB Jurisdiction | MPEP § 103 |
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.
Official MPEP § 2307.02 — Access to Related Files
Source: USPTO2307.02 Access to Related Files [R-08.2012]
37 CFR 41.109 Access to and copies of Office records.
- (a) Request for access or copies. Any request from a party for access to or copies of Office records directly related to a contested case must be filed with the Board. The request must precisely identify the records and in the case of copies include the appropriate fee set under § 1.19(b) of this title.
- (b) Authorization of access and copies. Access and copies will
ordinarily only be authorized for the following records:
- (1) The application file for an involved patent;
- (2) An involved application; and
- (3) An application for which a party has been accorded benefit under subpart E of this part.
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In addition to any access permitted to a member of the public under 37 CFR 1.11 and 1.14 (see MPEP § 103), an opposing party may be authorized under 37 CFR 41.109 to have access to or a copy of the record for any involved patent or application, and for any application for which benefit has been accorded. 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.