What information can be disclosed about unpublished patent applications?

The USPTO has strict rules about what information can be disclosed regarding unpublished patent applications. According to 37 CFR 1.14(a)(2), only limited status information may be communicated to the public if the application is identified in a published patent document or in another application. This status information includes:

  • Whether the application is pending, abandoned, or patented
  • Whether the application has been published under 35 U.S.C. 122(b)
  • The application’s numerical identifier (application number or serial number plus filing date)
  • Whether another application claims benefit of the application, and if so, the numerical identifier, relationship, status, and publication status of that application

No other information about unpublished applications can be disclosed without proper authorization.

Topics: MPEP 101-General, Patent Law, Patent Procedure
Tags: patent application disclosure, unpublished application information, USPTO information policy