MPEP 2307.02
Access to Related Files

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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2307.02    Access to Related Files [R-08.2012]

37 C.F.R. 41.109 Access to and copies of Office records.

  • (a) Request for access or copies. 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. The request must precisely identify the records and in the case of copies include the appropriate fee set under § 1.19(b) of this title.
  • (b) Authorization of access and copies. 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.

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In addition to any access permitted to a member of the public under 37 CFR 1.11 and 1.14 (see MPEP § 103), an opposing party may be authorized under 37 CFR 41.109 to have access to or a copy of the record for any involved patent or application, and for any application for which benefit has been accorded. 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.