What 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 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 MoreHow can patent examiners access previously abandoned application files or granted patents?
Patent examiners can access previously abandoned application files or granted patents through different methods depending on the file format: For Image File Wrapper (IFW) files, examiners can view the application papers from their desktop via the Patent Examiner’s Toolkit. For non-IFW files, examiners use the File Ordering System (FOS) to request paper files stored at…
Read MoreWhen is a patent application file available to the public?
A patent application file becomes available to the public in the following situations: When the application has issued as a patent or published as a statutory invention registration When the application has been published and subsequently abandoned When the application has been published and is still pending When an unpublished, abandoned application is identified or…
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