How can the public access information from abandoned applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
The public can access information from abandoned applications in several ways:
- If the abandoned application was published, its contents are open for public inspection as stated in 37 CFR 1.11(a).
- The MPEP notes: “Unless a redacted copy of the application was used for the patent application publication, the specification, drawings, and all papers relating to the file of an abandoned published application are open to inspection by the public, and copies may be obtained from the Office.”
- For unpublished abandoned applications, if they are identified or claimed in certain published documents, their contents may be made available to the public under 37 CFR 1.14(a)(1)(iv).