When can third parties access an international patent application?
Third parties cannot access an international patent application until the earliest of:
- The international publication date
- Date of receipt of the communication of the application under PCT Article 20
- Date of receipt of a copy of the application under PCT Article 22
This is specified in PCT Article 30(2)(a):
“No national Office shall allow access to the international application by third parties, unless requested or authorized by the applicant, before the earliest of the following dates: (i) date of the international publication of the international application, (ii) date of receipt of the communication of the international application under Article 20, (iii) date of receipt of a copy of the international application under Article 22.”
Topics:
MPEP 110-Confidential Nature of International Applications,
Patent Law