37 CFR 1.11 — Files open to the public
Ninth Edition, Revision 01.2024
- (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.
[42 FR 5593, Jan. 28, 1977; 43 FR 28477, June 30, 1978; 46 FR 29181, May 29, 1981, para. (c), 47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; para. (a), 49 FR 48416, Dec. 12, 1984, effective Feb. 11, 1985; paras. (a), (b) and (e), 50 FR 9278, Mar. 7, 1985, effective May 8, 1985; para. (e) revised, 60 FR 14488, Mar. 17, 1995, effective Mar. 17, 1995; para. (b) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; para. (a) revised, 65 FR 57024, Sept. 20, 2000, effective Nov. 29, 2000; para. (c) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; para. (e) revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (a) revised, 70 FR 56119, Sept. 26, 2005, effective Nov. 25, 2005; para. (c) revised, 71 FR 44219, Aug. 4, 2006, effective Aug. 4, 2006; para. (e) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012]
Cited authority
- 37 CFR 1.19 Document supply fees
- 37 CFR 1.217 Publication of a redacted copy of an application
- 37 CFR 1.53 (pre-AIA) Application number, filing date, and completion of application
- 37 CFR 1.510 Request for ex parte reexamination
- 37 CFR 1.915 Content of request for inter partes reexamination
- 37 CFR 1.520 Ex parte reexamination at the initiative of the Director
- 37 CFR 41.6 Public availability of Board records
- 37 CFR 42.14 Public availability
- 37 CFR 42.410 Arbitration
Cited by
- 101 General
- 102 Information as to Status of an Application
- 103 Right of Public To Inspect Patent Files and Some Application Files
- 104 Power to Inspect Application
- 1128 Availability of Published Applications
- 1213.03 Publication of and Public Access to Board Decision
- 1216 Judicial Review
- 1216.01 Appeals to the U.S. Court of Appeals for the Federal Circuit
- 1430 Reissue Files Open to the Public and, Notice of Filing Reissue Announced in, Official Gazette
- 1441.01 Protest and Pre-issuance Submission in Reissue Applications
- 1443 Initial Examiner Review
- 1470 Public Access to Reissue Applications
- 1901.05 Acknowledgment of Protest
- 1901.07 Protestor Participation
- 2127 Domestic and Foreign Patent Applications as Prior Art
- 2229 Notice of Request under 35 U.S.C. 302 for Ex Parte Reexamination in Official Gazette
- 2246 Decision Ordering Reexamination under 35 U.S.C. 304
- 2254 Conduct of Ex Parte Reexamination Proceedings
- 2307.02 Access to Related Files
- 301.01 Accessibility of Assignment Records
- 502.03 Communications via Internet Electronic Mail (email)
- 708.02 Petition To Make Special
- 724.04 Office Treatment and Handling of Materials Submitted Under MPEP § 724.02
- 724.04(a) Materials Submitted in an Application Covered by 35 U.S.C. 122
- 724.04(b) Materials Submitted in Reissue Applications Open to the Public Under 37 CFR 1.11(b)
- 724.04(c) Materials Submitted in Reexamination File Open to the Public Under 37 CFR 1.11(d)
- 901.02 Abandoned Applications
- 901.03 Pending Applications
- 37 CFR 1.12 Assignment records open to public inspection
- 37 CFR 1.12 (pre-AIA) Assignment records open to public inspection
- 37 CFR 1.14 Patent applications preserved in confidence
- 37 CFR 1.525 Order for ex parte reexamination
- 37 CFR 1.904 Notice of inter partes reexamination in Official Gazette
- 37 CFR 41.6 Public availability of Board records
- 37 CFR 42.412 Public availability of Board records