What are the exceptions to public inspection of patent application files?

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.

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
Tags: Access Patent Copies, Access Pending, Access Records, Ida Mandatory Elements, third party access