What is the general rule regarding the confidentiality of pending U.S. patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse U.S. Patent Application Publications Are Prior Art MPEP 901.03 Patent Applications Published After 18 Months MPEP 901.03 Patent Applications Published After 18 Months MPEP 901.03 Required Exceptions to Patent Publication After November 29, 2000 MPEP 901.03 Required National Stage Application Publications as Prior Art MPEP 901.03 Claims May Be Rejected Based on Copending Application MPEP 901.03 Permitted Pending Applications May Be Published On Request MPEP 901.03 Permitted Requirement for Examiner's Action Under 1.104(a)(1) MPEP 901 Claims May Reject Copending Nonprovisional Application MPEP 901.03 Prohibitions on Published Applications MPEP 901.03 Prohibited Other Related FAQs 5 FAQs Collapse What are the exceptions to the 18-month publication rule for patent applications? When did the American Inventors Protection Act (AIPA) come into effect and how did it change patent application publication? How are international patent applications considered as prior art in the U.S.? How are U.S. patent application publications considered as prior art? Can an abandoned applicat...