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 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…
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