37 CFR § 1.11 — Files open to the public. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.11 Files open to the public.
This page consolidates MPEP guidance interpreting 37 CFR § 1.11, including 145 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
37 CFR 1.11 governs public accessibility of patent application files, defining the conditions and procedures for obtaining copies of abandoned and published patent applications.
What this section covers
- Outlines the scope of public accessibility for abandoned and published patent applications.
- Defines the conditions under which patent application files can be accessed by members of the public.
Key obligations
- Comply with specific requirements for obtaining copies of abandoned applications.
- Follow established procedures for requesting access to patent application files.
Conditions and exceptions
- Recognize limitations on public access for certain confidential or sensitive patent documents.
Practice notes
- Understand the specific documentation requirements for accessing patent files.
- Be aware of the proper channels and procedures for requesting patent application file copies.
Official MPEP § 1.11 — Files open to the public.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.11 Files open to the public.
- (a) The specification, drawings, and all papers relating to the file of: A published application; a patent; or a statutory invention registration are open to inspection by the public, and copies may be obtained upon the payment of the fee set forth in § 1.19(b)(2) . If an application was published in redacted form pursuant to § 1.217 , the complete file wrapper and contents of the patent application will not be available if: The requirements of paragraphs (d)(1), (d)(2), and (d)(3) of § 1.217 have been met in the application; and the application is still pending. See § 2.27 of this title for trademark files.
- (b) All reissue applications, all applications in which the Office has accepted a request to open the complete application to inspection by the public, and related papers in the application file, are open to inspection by the public, and copies may be furnished upon paying the fee therefor. The filing of reissue applications, other than continued prosecution applications under § 1.53(d) of reissue applications, will be announced in the Official Gazette. The announcement shall include at least the filing date, reissue application and original patent numbers, title, class and subclass, name of the inventor, name of the owner of record, name of the attorney or agent of record, and examining group to which the reissue application is assigned.
- (c) All requests for reexamination for which all the requirements of § 1.510 or § 1.915 have been satisfied will be announced in the Official Gazette. Any reexaminations at the initiative of the Director pursuant to § 1.520 will also be announced in the Official Gazette. The announcement shall include at least the date of the request, if any, the reexamination request control number or the Director initiated order control number, patent number, title, class and subclass, name of the inventor, name of the patent owner of record, and the examining group to which the reexamination is assigned.
- (d) All papers or copies thereof relating to a reexamination proceeding which have been entered of record in the patent or reexamination file are open to inspection by the general public, and copies may be furnished upon paying the fee therefor.
- (e) Except as prohibited in § 41.6(b) , § 42.14 or § 42.410(b) , the file of any interference or trial before the Patent Trial and Appeal Board is open to public inspection and copies of the file may be obtained upon payment of the fee therefor.
[42 FR 5593, Jan. 28, 1977; 43 FR 28477, June 30, 1978; 46 FR 29181, May 29, 1981, para. (c), 47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; para. (a), 49 FR 48416, Dec. 12, 1984, effective Feb. 11, 1985; paras. (a), (b) and (e), 50 FR 9278, Mar. 7, 1985, effective May 8, 1985; para. (e) revised, 60 FR 14488, Mar. 17, 1995, effective Mar. 17, 1995; para. (b) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; para. (a) revised, 65 FR 57024, Sept. 20, 2000, effective Nov. 29, 2000; para. (c) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; para. (e) revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (a) revised, 70 FR 56119, Sept. 26, 2005, effective Nov. 25, 2005; para. (c) revised, 71 FR 44219, Aug. 4, 2006, effective Aug. 4, 2006; para. (e) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012]
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- Access Document Types
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- Appeals
- Board Decision
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- Application Publication
- Publication Access
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- Certified Copies
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- Common Petition Types
- Petition Access
- Duty Of Disclosure
- Disclosure Materiality
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- Reexamination Conclusion
- Reexamination Examination
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- Examination Procedure
- Official Gazette
- Protest
- Protest Content
- Protest Filing
- Protest Procedure
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- Reissue Concurrent Proceedings
- Reissue Examination
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- Signature Requirements
- Signature Assignee