37 CFR § 41.6 — Public availability of Board records. (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 41.6, including 21 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

This section ensures all Board actions are publicly available, requiring them to be rendered in files open to the public or published applications. Key obligations include adhering to §1.11 for public access and ensuring timely filing of Board actions.

What this section covers

This section covers the requirement for making all Board actions publicly available through files open to the public or published applications.

Key obligations

All Board actions must be publicly available for inspection without permission, either in files open to the public or published applications.
The Office may independently publish any Board action that is available for public inspection, ensuring broader access.
Adhering to § 1.11 for public access is a key compliance obligation, ensuring transparency and accessibility of Board actions.

Practice notes

Ensure all relevant Board actions are timely filed for public inspection to avoid delays that could prevent public access.
Avoid filing Board actions in formats not open to the public, as this could impede public inspection and access.

Public Can Inspect Interference Files Upon Fee PaymentMPEP 103Prohibited
Board Actions Must Be Publicly AvailableMPEP 103Required
Public Inspection of Board ActionsMPEP 103Required
Board Actions Must Be Publicly Inspectable Without PermissionMPEP 103Required
Office May Publish Board Actions IndependentlyMPEP 103Permitted
Board Proceeding Record Public Availability After Final ActionMPEP 103
Board Proceeding Record Available to PublicMPEP 103
Board Proceeding Record Available After Final ActionMPEP 103
Conditions for Public Disclosure of Director’s Significant DecisionsMPEP 103
Procedure for Making PTO Board Decisions PublicMPEP 103
PTAB Must Inform Public of Significant DecisionsMPEP 103
Board Actions Must Be Publicly AvailableMPEP 1213.03Required
Board Actions Must Be Publicly AvailableMPEP 1213.03Required
Board Actions Must Be Publicly InspectableMPEP 1213.03Required
Office May Publish Board Actions IndependentlyMPEP 1213.03Permitted
Board Record Public After Final ActionMPEP 1213.03
Board Proceeding Record Available to PublicMPEP 1213.03
Board Proceeding Record Public After Final ActionMPEP 1213.03
Board Decisions Must Be Publicly AvailableMPEP 1213.03
Board Decisions Must Be Publicly AvailableMPEP 1213.03Permitted
Board Decisions May Be Published Under Special CircumstancesMPEP 1213.03Permitted

Board Actions Must Be Publicly AvailableMPEP 103Required
Public Inspection of Board ActionsMPEP 103Required
Board Actions Must Be Publicly Inspectable Without PermissionMPEP 103Required
Board Actions Must Be Publicly AvailableMPEP 1213.03Required
Board Actions Must Be Publicly AvailableMPEP 1213.03Required
Board Actions Must Be Publicly InspectableMPEP 1213.03Required

MPEP Section	Rules
MPEP § 103	Public Can Inspect Interference Files Upon Fee PaymentMPEP 103Prohibited Board Actions Must Be Publicly AvailableMPEP 103Required Public Inspection of Board ActionsMPEP 103Required Board Actions Must Be Publicly Inspectable Without PermissionMPEP 103Required Office May Publish Board Actions IndependentlyMPEP 103Permitted Board Proceeding Record Public Availability After Final ActionMPEP 103 Board Proceeding Record Available to PublicMPEP 103 Board Proceeding Record Available After Final ActionMPEP 103 Conditions for Public Disclosure of Director’s Significant DecisionsMPEP 103 Procedure for Making PTO Board Decisions PublicMPEP 103 PTAB Must Inform Public of Significant DecisionsMPEP 103
MPEP § 1213.03	Board Actions Must Be Publicly AvailableMPEP 1213.03Required Board Actions Must Be Publicly AvailableMPEP 1213.03Required Board Actions Must Be Publicly InspectableMPEP 1213.03Required Office May Publish Board Actions IndependentlyMPEP 1213.03Permitted Board Record Public After Final ActionMPEP 1213.03 Board Proceeding Record Available to PublicMPEP 1213.03 Board Proceeding Record Public After Final ActionMPEP 1213.03 Board Decisions Must Be Publicly AvailableMPEP 1213.03 Board Decisions Must Be Publicly AvailableMPEP 1213.03Permitted Board Decisions May Be Published Under Special CircumstancesMPEP 1213.03Permitted

MPEP Section

Rules

MPEP § 103