How does the USPTO handle paper files in the interference process?
The USPTO has transitioned most application files to the Image File Wrapper (IFW) system, but some older files may still exist in paper form. The MPEP 2304.01(b) addresses this issue:
“Although the official records for most applications have been converted into Image File Wrapper (IFW) files, some records exist only in paper form, particularly older benefit application files. Even IFW files may have artifact records that have not been converted.”
It’s crucial that all relevant files are available for determining benefit under pre-AIA 35 U.S.C. 102(g)(1). If a paper file is missing, it must be reconstructed before an interference can proceed to the Board.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2304.01(B) - Obtaining Control Over Involved Files,
Patent Law,
Patent Procedure