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…

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What 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…

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What 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…

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How 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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