When is a patent application file available to the public?
A patent application file becomes available to the public in the following situations:
- When the application has issued as a patent or published as a statutory invention registration
- When the application has been published and subsequently abandoned
- When the application has been published and is still pending
- When an unpublished, abandoned application is identified or relied upon in certain public documents
- When the benefit of an unpublished pending application is claimed in certain public documents
These conditions are outlined in 37 CFR 1.14(a)(1). In most cases, a fee is required to access the application file contents.
Topics:
MPEP 102-Information as to Status of an Application,
Patent Law,
Patent Procedure