What is the confidentiality status of unpublished patent applications?

Unpublished patent applications are generally kept confidential by the USPTO. As stated in 37 CFR 1.14(a):

“Patent applications that have not been published under 35 U.S.C. 122(b) are generally preserved in confidence pursuant to 35 U.S.C. 122(a). Information concerning the filing, pendency, or subject matter of an application for patent, including status information, and access to the application, will only be given to the public as set forth in § 1.11 or in this section.“

This means that for unpublished applications:

• The USPTO preserves confidentiality
• Information about the application is not generally available to the public
• Access to the application is restricted

There are specific circumstances under which information may be released, but these are limited and governed by USPTO regulations.

To learn more:

• confidentiality
• unpublished applications
• patent secrecy
• USPTO policy