What is the general rule regarding the confidentiality of pending U.S. patent applications?
Generally, pending U.S. patent applications that have not been published are preserved in confidence and are not available as references. This rule is outlined in MPEP 901.03, which states:
“Except as provided in 37 CFR 1.11(b), 37 CFR 1.14(a)(1)(v) and 37 CFR 1.14(a)(1)(vi), pending U.S. applications which have not been published are generally preserved in confidence (37 CFR 1.14(a)) and are not available as references.”
However, there are exceptions to this rule, such as in cases of double patenting rejections or applications with common assignees.
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