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2312 Public Access to Files - 2300 Interference Proceedings
2312 Public Access to Files
37 CFR 1.11 Files open to the public.
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(e) The file of any interference involving a patent, a statutory invention registration, a reissue application, or an application on which a patent has been issued or which has been published as a statutory invention registration, is open to inspection by the public, and copies may be obtained upon paying the fee therefor, if:
(1) The interference has terminated or
(2) An award of priority or judgment has been entered as to all parties and all counts.
During the pendency of an interference, the public is entitled to access to the file of any patent, reissue application, or statutory invention registration involved in the proceeding as provided in 37 CFR 1.11. However, such access does not also entitle members of the public to access to the interference file, or to the file of a non-reissue application involved in the interference. The extent to which members of the public may be granted access to the file of an involved application is governed by the provisions of 37 CFR 1.14. See MPEP § 103.
Once the Board enters judgment in the interference as to all parties and all counts, the interference file becomes accessible to the public if a patent, statutory invention registration, or reissue application was involved in the interference. If not, the interference file is not open to the public until one of the involved applications issues as a patent or is published as a statutory invention registration. Note that even though an interference file may be open to the public, access to the file of an application which is or was involved in the proceeding is still subject to the provisions of 37 CFR 1.14.
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