Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2300 – Interference And Derivation Proceedings (2)
How does access to files under 37 CFR 41.109 differ from public access under 37 CFR 1.11 and 1.14?
Access to files under 37 CFR 41.109 is distinct from public access under 37 CFR 1.11 and 1.14. The key differences are:
- 37 CFR 41.109 specifically applies to opposing parties in contested cases.
- It allows access to involved patents, applications, and accorded benefit applications.
- This access is independent of public availability under 37 CFR 1.11 and 1.14.
As stated in MPEP 2307.02: “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.” This means that even if a file is not publicly available, it may still be accessible to an opposing party in a contested case under 37 CFR 41.109.
To learn more:
Yes, there are limitations on the types of files an opposing party can access in a contested case. According to MPEP 2307.02, access is ordinarily limited to specific categories of records:
- The application file for an involved patent
- An involved application
- An application for which a party has been accorded benefit under subpart E of 37 CFR 41
The MPEP explicitly states: “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.”
It’s important to note that this access is distinct from public access and is specifically granted for the purposes of the contested case. Access to other types of records may be more restricted and would likely require additional justification or special authorization from the Board.
To learn more:
Patent Law (2)
How does access to files under 37 CFR 41.109 differ from public access under 37 CFR 1.11 and 1.14?
Access to files under 37 CFR 41.109 is distinct from public access under 37 CFR 1.11 and 1.14. The key differences are:
- 37 CFR 41.109 specifically applies to opposing parties in contested cases.
- It allows access to involved patents, applications, and accorded benefit applications.
- This access is independent of public availability under 37 CFR 1.11 and 1.14.
As stated in MPEP 2307.02: “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.” This means that even if a file is not publicly available, it may still be accessible to an opposing party in a contested case under 37 CFR 41.109.
To learn more:
Yes, there are limitations on the types of files an opposing party can access in a contested case. According to MPEP 2307.02, access is ordinarily limited to specific categories of records:
- The application file for an involved patent
- An involved application
- An application for which a party has been accorded benefit under subpart E of 37 CFR 41
The MPEP explicitly states: “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.”
It’s important to note that this access is distinct from public access and is specifically granted for the purposes of the contested case. Access to other types of records may be more restricted and would likely require additional justification or special authorization from the Board.
To learn more:
Patent Procedure (2)
How does access to files under 37 CFR 41.109 differ from public access under 37 CFR 1.11 and 1.14?
Access to files under 37 CFR 41.109 is distinct from public access under 37 CFR 1.11 and 1.14. The key differences are:
- 37 CFR 41.109 specifically applies to opposing parties in contested cases.
- It allows access to involved patents, applications, and accorded benefit applications.
- This access is independent of public availability under 37 CFR 1.11 and 1.14.
As stated in MPEP 2307.02: “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.” This means that even if a file is not publicly available, it may still be accessible to an opposing party in a contested case under 37 CFR 41.109.
To learn more:
Yes, there are limitations on the types of files an opposing party can access in a contested case. According to MPEP 2307.02, access is ordinarily limited to specific categories of records:
- The application file for an involved patent
- An involved application
- An application for which a party has been accorded benefit under subpart E of 37 CFR 41
The MPEP explicitly states: “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.”
It’s important to note that this access is distinct from public access and is specifically granted for the purposes of the contested case. Access to other types of records may be more restricted and would likely require additional justification or special authorization from the Board.
To learn more: