How can I petition for access to a confidential patent application?

To petition for access to a confidential patent application, you must file a petition under 37 CFR 1.14(i), which requires:

1. Payment of the petition fee set forth in 37 CFR 1.17(g)
2. A showing that access to the application is necessary to carry out an Act of Congress or that special circumstances exist which warrant petitioner being granted access

The petition should be filed with the Office of Patent Legal Administration, unless the application is involved in an interference or trial before the Patent Trial and Appeal Board.

You may file the petition either with proof of service upon the applicant, or in duplicate so the USPTO can send a copy to the applicant. The applicant will typically have about 3 weeks to object to the granting of access.

Direct quote: ‘Any petition by a member of the public seeking access to, or copies of, all or part of any pending or abandoned application preserved in confidence pursuant to paragraph (a) of this section, or any related papers, must include: (1) The fee set forth in § 1.17(g); and (2) A showing that access to the application is necessary to carry out an Act of Congress or that special circumstances exist which warrant petitioner being granted access to all or part of the application.’ (37 CFR 1.14(i))