How can I access patent application files that are not yet published?

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.

Access to unpublished patent application files is generally restricted.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‘Unpublished abandoned applications are not open to public inspection.’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For more information on unpublished applications, visit: unpublished applications.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
Tags: Access Patent Copies, Access Pending, Access Records, Ida Mandatory Elements, third party access