What are the exceptions to public inspection of patent application files?
While most patent application files are available for public inspection, there are several exceptions:
- Pending or abandoned applications that have not been published under 35 U.S.C. 122(b)
- Applications subject to a secrecy order
- Provisional applications
- Applications that have been terminated or denied and are no longer open to public inspection
- Interference files, until judgment is entered (subject to certain exceptions)
- Applications for extension of patent term and any related submissions
- Certain trade secret, proprietary, and protective order materials
These exceptions are in place to protect confidential information and maintain the integrity of the patent application process.
Topics:
MPEP 103-Right of Public To Inspect Patent Files and Some Application Files,
Patent Law,
Patent Procedure