How does the USPTO handle fees for copies of records in contested cases?
The USPTO has specific requirements for fees related to copies of records in contested cases. According to MPEP 2307.02: “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…
Read MoreWhat is the process for an opposing party to access files in a contested case?
The process for an opposing party to access files in a contested case, as outlined in MPEP 2307.02, involves the following steps: File a request with the Board, as stated: “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.”…
Read MoreAre there any limitations on the types of files an opposing party can access in a contested case?
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…
Read MoreHow 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…
Read MoreWhat types of records are typically authorized for access in contested cases?
According to MPEP 2307.02, access and copies are ordinarily authorized for the following records in contested cases: 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 specifically states: “Access and copies will ordinarily only be…
Read MoreWhat types of cases are considered “contested cases” before the PTAB?
According to MPEP 1449, contested cases before the Patent Trial and Appeal Board (PTAB) include several types of proceedings: “A contested case includes a derivation proceeding, an inter partes review, a post-grant review, and a covered business method review.” These proceedings are part of the post-grant patent review process and can be initiated to challenge…
Read MoreWhat is the process for correcting inventorship in a patent involved in an interference or contested case?
For patents involved in an interference or contested case, the process for correcting inventorship is different. According to MPEP 1481.02: “For correction of inventorship in a patent in an interference under 37 CFR part 41, subpart D, 37 CFR 1.324(d) provides that a request for correction of inventorship must be in the form of a…
Read MoreHow are concurrent interference or other contested case proceedings handled with a reissue application?
When a reissue application is filed for a patent involved in an interference or another contested case, special procedures are followed: The examiner must consult with the Technology Center Training Quality Assurance Specialist (TQAS) or Supervisory Patent Reexamination Specialist (SPRS) before taking any action on the reissue application. It is crucial that the reissue application…
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