(a) The specification, drawings, and all papers relating to the file of: A published application; a patent; or a statutory invention registration are open to inspection by the public, and copies may be obtained upon the payment of the fee set forth in § 1.19(b)(2). If an application was published in redacted form pursuant to § 1.217, the complete file wrapper and contents of the patent application will not be available if: The requirements of paragraphs (d)(1), (d)(2), and (d)(3) of § 1.217 have been met in the application; and the application is still pending. See § 2.27 of this title for trademark files.
(b) All reissue applications, all applications in which the Office has accepted a request to open the complete application to inspection by the public, and related papers in the application file, are open to inspection by the public, and copies may be furnished upon paying the fee therefor. The filing of reissue applications, other than continued prosecution applications under § 1.53(d) of reissue applications, will be announced in the Official Gazette. The announcement shall include at least the filing date, reissue application and original patent numbers, title, class and subclass, name of the inventor, name of the owner of record, name of the attorney or agent of record, and examining group to which the reissue application is assigned.
(c) All requests for reexamination for which all the requirements of § 1.510 or § 1.915 have been satisfied will be announced in the Official Gazette. Any reexaminations at the initiative of the Director pursuant to § 1.520 will also be announced in the Official Gazette. The announcement shall include at least the date of the request, if any, the reexamination request control number or the Director initiated order control number, patent number, title, class and subclass, name of the inventor, name of the patent owner of record, and the examining group to which the reexamination is assigned.
(d) All papers or copies thereof relating to a reexamination proceeding which have been entered of record in the patent or reexamination file are open to inspection by the general public, and copies may be furnished upon paying the fee therefor.
(e) Except as prohibited in § 41.6(b), § 42.14 or § 42.410(b), the file of any interference or trial before the Patent Trial and Appeal Board is open to public inspection and copies of the file may be obtained upon payment of the fee therefor.
(35 U.S.C. 6; 15 U.S.C. 1113, 1123)
[46 FR 29181, May 29, 1981, as amended at 47 FR 41272, Sept. 17, 1982; 50 FR 9378, Mar. 7, 1985; 60 FR 14518, Mar. 17, 1995; 62 FR 53181, Oct. 10, 1997; 65 FR 57051, Sept. 20, 2000; 69 FR 49997, Aug. 12, 2004; 70 FR 56126, Sept. 26, 2005; 71 FR 44223, Aug. 4, 2006; 77 FR 46624, Aug. 6, 2012]
Notes of Decisions
In Re: Queen's Univ. at Kingston, 820 F.3d 1287 (Fed. Cir. 2016).
· cites it 2× “While it may be true that prosecution histories have taken on a more significant role in litiga- tion since 1928, the full range of the history of a patent’s prosecution rightfully continues to remain open to the public’s full scrutiny.”
Data Engine Tech. LLC v. Google LLC, 906 F.3d 999 (Fed. Cir. 2018).
“"); see 37 C.F.R. § 1.11 (a) ("The specification, drawings, and all papers to the file of: [a] published application; a patent; or a statutory invention registration are open to inspection by the public .”
Lear, Inc. v. Adkins, 395 U.S. 653 (1969).
· cites it 2× “[15] 37 CFR §§ 1.11 , 1.13 (1967). [16] Of course, the value of this second benefit may depend upon whether the licensee has obtained exclusive or nonexclusive rights to the use of the patent.”
Stand. Havens Prods., Inc. v. Gencor Indus., Inc., 897 F.2d 511 (Fed. Cir. 1990).
“2d 349 (1977) (public records "may be judicially noticed”); 37 C.F.R. § 1.11 (d) (1989) ("All papers or copies thereof relating to a reexamination proceeding which have been entered of record in the patent or reexamination file are open to inspection by the general public.”
Genentech, Inc. v. Chiron Corp., 112 F.3d 495 (Fed. Cir. 1997).
“Also, the interference record before the Board is a public record, see 37 C.F.R. § 1.11 (e) (1996), and thus capable of accurate and ready determination by resort to unquestionable sources.”
Edward S. Irons v. William B. Schuyler, Comm'r of Patents, 465 F.2d 608 (D.C. Cir. 1972).
· cites it 2× “However, patent files and files of any terminated interference involving a patent, or an application on which a patent has issued, are open to the public, 37 C.F.R. § 1.11 , but not patent applications which are preserved in secrecy under 35 U.”
Martin v. United States, 99 Fed. Cl. 627 (Fed. Cl. 2011).
“See 37 C.F.R. §§ 1.11 (a), 1.14(a)(l)(i). Thus, if plaintiffs provisional applications had matured into patents, then the application files would be available for public inspection.”
Hydraflow, Inc. v. Enidine Inc., 145 F.R.D. 626 (W.D.N.Y. 1993).
“The opposite holdings proceed from the position that if a patent is issued, such information may necessarily be disclosed to the United States Patent and Trademark Office (“Patent Office”), and, pursuant to 37 C.F.R. § 1.11 (a), will become part of the public record associated…”
In Re Mark Indus., 751 F.2d 1219 (Fed. Cir. 1984).
“MARK denied the existence of any such “custom”, denied knowledge thereof (if it existed), and cited 37 CFR 1.11(b) (publication in the Official Gazette constitutes notice for filing protests) and 1017 O.”
— 37 C.F.R. § 1.11(b) — 1 case
In Re Mark Indus., 751 F.2d 1219 (Fed. Cir. 1984).
“MARK denied the existence of any such “custom”, denied knowledge thereof (if it existed), and cited 37 CFR 1.11(b) (publication in the Official Gazette constitutes notice for filing protests) and 1017 O.”
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