37 CFR § 41.109 — Access to and copies of Office records. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.109 Access to and copies of Office records.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 41.109, including 10 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 41.109 provides procedural guidelines for accessing patent application documents during interference cases, enabling opposing parties to retrieve relevant Office records.
What this section covers
- Defines the scope of document access rights in patent interference proceedings.
- Establishes conditions for opposing parties to request application documents during an interference case.
Key obligations
- Ensure proper access to relevant application files once an interference is declared.
- Follow specific procedural requirements for requesting and obtaining Office records.
Conditions and exceptions
- Handle applications under secrecy orders with special procedural considerations.
Practice notes
- Understand the procedural steps for requesting access to interference-related documents.
- Follow PTAB guidelines carefully when accessing contested case documents.
Official MPEP § 41.109 — Access to and copies of Office records.
Source: USPTOLast Modified: 10/30/2024 08:50:22
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.
- (c) Missing or incomplete copies. If a party does not receive a complete copy of a record within 21 days of the authorization, the party must promptly notify the Board.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]
- Fees
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| MPEP Section | Rules |
|---|---|
| MPEP § 103 | |
| MPEP § 2306 | |
| MPEP § 2307.02 |