How do USPTO employees handle confidential patent application information?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

USPTO employees are legally obligated to maintain the confidentiality of pending patent applications. The MPEP states:

“All U.S. Patent and Trademark Office employees are legally obligated to preserve pending applications for patents in confidence until they are published or patented in accordance with 35 U.S.C. 122 and 37 CFR 1.14.”

Employees must follow strict procedures to ensure confidentiality, including:

  • Not reproducing or copying application documents except for official purposes
  • Properly handling and storing application files
  • Using appropriate envelopes for interoffice mail
  • Being cautious during interviews to prevent exposure of other applications

Violations of these procedures can result in suspension, removal, or even criminal penalties.

Topics: MPEP 101-General Patent Law Patent Procedure
Tags: Access Pending, Access Published, Access Records, Publication Language, Publication Timing