Can a protestor receive information about the application they’re protesting?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Generally, protestors are not entitled to receive information about the application they’re protesting, unless it’s a reissue application or has been published. The MPEP 1901.05 states:

“Original applications are, of course, required by 35 U.S.C. 122 to be kept in confidence unless published pursuant to 35 U.S.C. 122(b) or are available to the public pursuant to 37 CFR 1.14(a)(1)(iv), (v), or (vi).”

However, reissue applications filed on or after March 1, 1977, are open to public inspection. For published applications, the file contents become available through the USPTO’s public application image file wrapper.