What is the process for an opposing party to access files in a contested case?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The process for an opposing party to access files in a contested case, as outlined in MPEP 2307.02, involves the following steps:

1. 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.”
2. Precisely identify the records being requested.
3. If copies are needed, include the appropriate fee as set under 37 CFR 1.19(b).
4. The Board will review the request and may authorize access under 37 CFR 41.109.

It’s important to note that this process is specific to contested cases and is separate from public access procedures. The MPEP clarifies: “The availability of a file to an opposing party under 37 CFR 41.109 has no bearing on whether a file is otherwise available under 37 CFR 1.11 or 1.14.”