MPEP Section 2207, Entry of Court Decision in Patent File

Executive summary:

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2207 Entry of Court Decision in Patent File

The Solicitor's Office processes notices required by 35 U.S.C. 290, received from the clerks of the various courts, and has them entered in the patent file. However, it is considered desirable that the entire court decision be supplied to the Office for entry into the patent file. Accordingly, the Office will accept at any time from any party for placement in the patent file, submissions of the following: copies of notices of suits *>, copies of notices regarding< other proceedings involving the patent and copies of decisions *>from litigations or other proceedings involving the patent. The Office will also accept for entry into the patent file< other court papers, or papers filed in the court, from litigations or other proceedings involving the patent. >It is to be noted that if the Office, in its sole discretion, deems the volume of the papers filed from litigations or other proceedings to be too extensive/lengthy, the Office may return all or part of the submission. In such an instance, a party may limit the submission in accordance with what is deemed relevant, and resubmit the papers.< Such submissions must be provided without additional comment. Persons making such submissions must limit the submission to the notification and not include further arguments or information. >It is to be understood that highlighting of certain text by underlining, fluorescent marker, etc., goes beyond bare notice of the prior or concurrent proceedings.< Any proper submission will be promptly placed on record (entered) in the patent file. Entry of these submissions is performed by the Files Repository personnel, unless a reexamination proceeding is pending, in which case, >the Central Reexamination Unit,< the Technology Center>,<* or other area of the Office* having responsibility for the reexamination enters the submission.

**>Where a request for reexamination has been filed, see MPEP § 2282 for ex parte reexamination and MPEP § 2686 for inter partes reexamination. See MPEP § 2240 and § 2242 for handling of requests for ex parte reexamination of patents involved in litigation. See MPEP § 2640 and § 2642 for handling of requests for inter partes reexamination of patents involved in litigation.<