Law-Forums.org

[regenweald]

I'm looking at some prior art patents. A couple of them are similar to each other with one that has had claims canceled between the application and granting phase.
Is there a record of the examiners notes for any particular patent and maybe the discussions that took place. Is this viewable by me?

Thanks.

[hewlett]

I do not have any idea.

[claudius]

y3w

[kendrix]

Yes, you can request copies of any part or all of the "file wrapper" for any patent issued in the USPTO (although they may not have all of them available). It is quite common to use those documents to prove (or at least imply) the applicant "gave away" some of their claims (acquiesced to the limitations), so they could get the patent issued. Look up "file wrapper estoppel" in relevant case law and see how the patentee cannot later attempt to reclaim the broader scope.