Document Retention Policy

The patent office is supposed to maintain a copy of the entire prosecution history for every patent that it ever issued. Over time those "file wrappers" are being scanned, and will eventually all become available electronically. Indeed, at present a very large number of file wrappers are already available, and the information includes child applications (under the heading "Continuity Data") and patent term adjustments. In view of that resource it is questionable whether a patent attorney should maintain his own copy of the file. One potential problem is that the patent attorney will often have multiple drafts of the application and responses to office actions. Those drafts can sometimes come to the aid of the patentee during a litigation, but far more often they are problematic It would be far better if they didn't exist.

The main exception is that it may well be advisable to keep instructions to and from the inventor with respect to the prosecution. For example, it is certainly advisable to maintain a copy of the inventor's instruction not to file in certain foreign countries. Inventors are similar to others in their propensity towards confabulation, and inventor's imprimatur on the filing strategy can be a godsend in the event of malpractice litigation.