How can I access patent application files that are not yet published?
Access to unpublished patent application files is generally restricted. According to MPEP 103:
‘Unpublished abandoned applications are not open to public inspection.’
However, there are exceptions:
- If the application is referenced in a U.S. patent application publication or patent
- If written authority from the applicant, assignee, or attorney/agent of record is provided
- If a petition for access is granted
To request access, you may need to file a petition with the USPTO, demonstrating a need or right to access the application.
For more information on Patent application access, visit: Patent application access.
For more information on unpublished applications, visit: unpublished applications.
Topics:
MPEP 103-Right of Public To Inspect Patent Files and Some Application Files,
Patent Law,
Patent Procedure