What types of records are typically authorized for access in contested cases?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. According to MPEP 2307.02 , access and copies are ordinarily authorized for the following records in contested cases: The application file for an involved patent An involved application An application for which a party has been accorded benefit under subpart E of 37 CFR 41 The MPEP specifically states: “Access and copies will ordinarily only be authorized for the following records: (1) The application file for an involved patent; (2) An involved application; and (3) An application for which a party has been accorded benefit under subpart E of this part.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Request for Access to Office Records Must Be Filed With Board MPEP 2307.02 Access Authorized for Benefited Applications MPEP 2307.02 Access to Patent Records Is Restricted MPEP 2307.02 Request for Office Records Must Be Filed with Board MPEP 2307.02 Required Opposing Party May Access Patent Records MPEP 2307.02 Permitted PTAB Has Jurisdiction Over Involved Files During Interference MPEP 2307 Examiner Must Follow Board Authorization During Interference MPEP 2307 Prohibited File Availability Under 41.109 Does Not Affect 11 or 14 Availability MPEP 2307.02 PTAB Handles Requests for Interference and Derivation Records MPEP 103 Petitions for Access Handled by Office of Patent Legal Administration Except Interference Cases MPEP 103 Other Related FAQs 5 FAQs Collapse How does access to files under 37 CFR 41.109 differ from public access under 37 CFR 1.11 and 1.14? Are there any limitations on the types of files an opposing party can access in a contested case? What is the process for an opposing party to access files in a contested case? What are the requirements for reque...