How can someone request information about an unpublished patent application?

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.

Requesting information about an unpublished patent application requires specific procedures to ensure confidentiality. According to the MPEP:

  • Requests can be made by phone or in person
  • The requester’s identity and right to information must be verified
  • Only certain individuals (applicant, inventor, assignee of record, or attorney/agent of record) may receive detailed information
  • USPTO employees must follow a strict verification process before releasing any information

The MPEP states:

“Except as provided in 35 U.S.C. 122(b), no information concerning pending or abandoned patent applications (except applications which have been published, reissue applications and reexamination proceedings) may be given to the public without appropriate written authorization.”

This ensures that confidential application information is only released to authorized individuals.

For more information on information requests, visit: information requests.

For more information on unpublished applications, visit: unpublished applications.

Topics: MPEP 101-General Patent Law Patent Procedure
Tags: Access Pending, Access Published, Access Records, Publication Language, Publication Timing