MPEP § 102 — Information as to Status of an Application (Annotated Rules)

§102 Information as to Status of an Application

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 102, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Information as to Status of an Application

This section addresses Information as to Status of an Application. Primary authority: 35 U.S.C. 122(b), 35 U.S.C. 122(a), and 35 U.S.C. 1.11. Contains: 8 requirements, 1 guidance statement, 5 permissions, and 5 other statements.

Key Rules

Topic

Access to Patent Application Files (MPEP 101-106)

6 rules
StatutoryRequiredAlways
[mpep-102-9bb1273b197717e395edb015]
Patented Application Files Available to Public
Note:
Patent application files for patents and statutory invention registrations can be accessed by the public upon request.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations (i) Patented applications and statutory invention registrations. The file of an application that has issued as a patent or published as a statutory invention registration is available to the public as set forth in § 1.11(a). A copy of the patent application-as-filed, the file contents of the application, or a specific document in the file of such an application may be provided upon request and payment of the appropriate fee set forth in § 1.19(b).

Jump to MPEP Source · 37 CFR 1.14Access to Patent Application Files (MPEP 101-106)Fees for Third Party AccessInternational Design Application Fees
StatutoryRequiredAlways
[mpep-102-2bb3c66ca85ea0d579322afc]
Access to Published Abandoned Patent Application Files
Note:
Patent application files of abandoned published applications can be accessed by the public upon request and payment of fees.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations:

(ii) Published abandoned applications.

Jump to MPEP Source · 37 CFR 1.14Access to Patent Application Files (MPEP 101-106)Copies of Patents and ApplicationsAccess to Published Application File
StatutoryRequiredAlways
[mpep-102-e7dde151ca59f4818a17d03b]
Access to Published Patent Application Files Required
Note:
Patent application files for published pending applications can be accessed upon request and payment of fees.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations:

(iii) Published pending applications.

Jump to MPEP Source · 37 CFR 1.14Access to Patent Application Files (MPEP 101-106)Access to Pending ApplicationsCopies of Patents and Applications
StatutoryRequiredAlways
[mpep-102-833059222139e16505a601c9]
Information on Applications Claiming Benefit Must Be Disclosed
Note:
The rule requires that if an application claims the benefit of another filing date, details about those applications must be disclosed, including their status and whether they have been published.

(a) Confidentiality of patent application information. 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.
(2) Information concerning a patent application may be communicated to the public if the patent application is identified in a published patent document or in an application as set forth in paragraphs (a)(1)(i) through (a)(1)(vi) of this section. The information that may be communicated to the public (i.e., status information) includes:

(iv) Whether another application claims the benefit of the application (i.e., whether there are any applications that claim the benefit of the filing date under 35 U.S.C. 119(e), 120, 121, 365, or 386 of the application), and if there are any such applications, the numerical identifier of the application, the specified relationship between the applications (e.g., continuation), whether the application is pending, abandoned or patented, and whether the application has been published under 35 U.S.C. 122(b).

Jump to MPEP Source · 37 CFR 1.14Access to Patent Application Files (MPEP 101-106)Publication of Patent ApplicationsPriority and Benefit Claims
StatutoryInformativeAlways
[mpep-102-014bf9e4541783ee42c911f9]
Requirement for Benefit Claim Information
Note:
The rule requires providing information about any applications that claim the benefit of the filing date under specific U.S. statutes.

Status information of an application means only the following information:

(D) whether another application claims the benefit of the application (i.e., whether there are any applications that claim the benefit of the filing date under 35 U.S.C. 119(e), 120, 121, 365, or 386 of the application), and if there are any such applications, status information therefor as set forth in 37 CFR 1.14(a)(2)(iv).

Jump to MPEP Source · 37 CFR 1.14Access to Patent Application Files (MPEP 101-106)Priority and Benefit Claims
StatutoryInformativeAlways
[mpep-102-e6b7bb93d2d6e7781f235d4c]
No Location for IFW Applications
Note:
If an application is an Image File Wrapper (IFW) application, no location is associated with the file.

When it is desired to determine the current location or status of an application, Office personnel should use Patent Data Portal. If the application is an Image File Wrapper (IFW) application, no location is associated with the file.

Jump to MPEP Source · 37 CFR 1.14Access to Patent Application Files (MPEP 101-106)Certified Copies of DocumentsExaminer Action Status Tracking
Topic

Access to Pending Applications

5 rules
StatutoryRequiredAlways
[mpep-102-68e4e19821941de16bc94db3]
No Access to Published Pending Application File Except as Specified
Note:
The Office will not provide access to the paper file of a published pending application unless permitted by specific provisions.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations:

The Office will not provide access to the paper file of a pending application that has been published, except as provided in paragraph (c) or (i) of this section.

Jump to MPEP Source · 37 CFR 1.14Access to Pending ApplicationsAccess to Patent Application Files (MPEP 101-106)Copies of Patents and Applications
StatutoryRequiredAlways
[mpep-102-4312f716820c14c22abe34d6]
Access to Unpublished Pending Applications with Claimed Benefits Required
Note:
Provides access to the contents of unpublished pending applications when claimed benefits under specific statutes are asserted in a published application.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations:

(v) Unpublished pending applications (including provisional applications) whose benefit is claimed.

Jump to MPEP Source · 37 CFR 1.14Access to Pending ApplicationsAccess to Patent Application Files (MPEP 101-106)Access to Published PCT Applications
StatutoryPermittedAlways
[mpep-102-11d4858df5ad09568cbddd94]
Access to Unpublished Pending Applications with Claimed Benefits
Note:
Provides access to the file contents of an unpublished pending application if its benefit is claimed in a published or patented application.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations:

A copy of the file contents of an unpublished pending application may be provided to any person, upon written request and payment of the appropriate fee (§ 1.19(b)), if the benefit of the application is claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in an application that has issued as a U.S. patent, or in an application that has published as a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3).

Jump to MPEP Source · 37 CFR 1.14Access to Pending ApplicationsAccess to Published PCT ApplicationsFees for Third Party Access
StatutoryPermittedAlways
[mpep-102-551eea7754636bed21e433fa]
Access to Unpublished Pending Applications Allowed Upon Request
Note:
A copy of the application-as-filed or specific documents in an unpublished pending application can be provided upon written request and payment of fees if the benefit of a prior filing is claimed.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations:

A copy of the application-as-filed or a specific document in the file of the pending application may also be provided to any person upon written request and payment of the appropriate fee (§ 1.19(b)).

Jump to MPEP Source · 37 CFR 1.14Access to Pending ApplicationsFees for Third Party AccessInternational Design Application Fees
StatutoryRequiredAlways
[mpep-102-74c95bd0bc7ad27f9d1022ca]
Access to Pending Application Files Restricted
Note:
The Office will not provide access to the paper file of a pending application unless specified in paragraph (c) or (i) of this section.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations:

The Office will not provide access to the paper file of a pending application, except as provided in paragraph (c) or (i) of this section.

Jump to MPEP Source · 37 CFR 1.14Access to Pending ApplicationsReceiving Office (RO/US)Access to Patent Application Files (MPEP 101-106)
Topic

Copies of Patents and Applications

4 rules
StatutoryPermittedAlways
[mpep-102-231e2a681bb4c0ffd6478535]
Copies of Published Applications Available Upon Request
Note:
Patent applicants can provide copies of the application-as-filed, published application contents, or specific documents from a published abandoned application upon payment of the appropriate fee.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations:

A copy of the application-as-filed, the file contents of the published application, or a specific document in the file of the published application may be provided to any person upon request and payment of the appropriate fee set forth in § 1.19(b).

Jump to MPEP Source · 37 CFR 1.14Copies of Patents and ApplicationsAccess to Published Application FileFees for Third Party Access
StatutoryPermittedAlways
[mpep-102-3dc2be1ebc630b4cd649920d]
Copies of Published Applications Available Upon Request
Note:
Patent Office will provide copies of the application-as-filed, file contents, or specific documents from a published pending application upon request and payment of the appropriate fee.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations:

A copy of the application-as-filed, the file contents of the application, or a specific document in the file of a pending published application may be provided to any person upon request and payment of the appropriate fee set forth in § 1.19(b).

Jump to MPEP Source · 37 CFR 1.14Copies of Patents and ApplicationsAccess to Published Application FileFees for Third Party Access
StatutoryPermittedAlways
[mpep-102-5200cd9b89707efc8fb652ed]
Redacted Copies May Be Provided for Published Applications
Note:
If a redacted copy of the application was used for publication, the specification, drawings, and papers may be limited to a redacted version.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations:

If a redacted copy of the application was used for the patent application publication, the copy of the specification, drawings, and papers may be limited to a redacted copy.

Jump to MPEP Source · 37 CFR 1.14Copies of Patents and ApplicationsAccess to Published Application FileAccess to Patent Application Files (MPEP 101-106)
StatutoryRequiredAlways
[mpep-102-121afc3cfe39e017247fd9ad]
Requirement for Accessing Unpublished Applications
Note:
If an application is identified in another application's file contents but not published, a petition for access or power to inspect is necessary to obtain it.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations:

If an application is identified in the file contents of another application, but not the published patent application or patent itself, a granted petition for access (see paragraph (i)) or a power to inspect (see paragraph (c) of this section) is necessary to obtain the application, or a copy of the application.

Jump to MPEP Source · 37 CFR 1.14Copies of Patents and ApplicationsContents of ApplicationReceiving Office (RO/US)
Topic

Access to National Stage Applications

4 rules
StatutoryInformativeAlways
[mpep-102-bc52612b80fb9890844a34be]
Status Information of an Application Is Required
Note:
The status information must include whether the application is pending, abandoned, or patented; publication details; filing dates; and claims to benefit from earlier applications.
Status information of an application means only the following information:
  • (A) whether the application is pending, abandoned, or patented;
  • (B) whether the application has been published;
  • (C) the application number or the serial number plus any one of the filing date of the national application, the international filing date or the date of entry into the national stage; and
  • (D) whether another application claims the benefit of the application (i.e., whether there are any applications that claim the benefit of the filing date under 35 U.S.C. 119(e), 120, 121, 365, or 386 of the application), and if there are any such applications, status information therefor as set forth in 37 CFR 1.14(a)(2)(iv).
Jump to MPEP Source · 37 CFR 1.14Access to National Stage ApplicationsAccess to International Applications (MPEP 110)Access to Patent Application Files (MPEP 101-106)
StatutoryInformativeAlways
[mpep-102-c31373f31a3e2b03ec88361d]
Requirement for Registered Attorney or Agent to Determine Requester Status
Note:
The AAU will determine if the requester is a registered attorney or agent named in the application papers when the application has not been published and is pending or abandoned.

A requester seeking status information regarding an application should check Patent Center or Private Patent Application Information Retrieval (PAIR) on the USPTO website at www.uspto.gov. Alternatively, an authorized requester may contact the Application Assistance Unit (AAU) for applications in pre-examination or post-examination processing via email at HelpAAU@uspto.gov; phone at 571-272-4000 or toll free at 888-786-0101 (Hours: Weekdays, 8:30 a.m. to 5 p.m. ET); or at www.uspto.gov/learning-and-resources/ support-centers/application-assistance-unit-aau (see MPEP § 1730). If the application has not been published, but is pending or abandoned then the AAU will determine whether the requester is:

(5) a registered attorney or agent named in the papers accompanying the application papers filed under 37 CFR 1.53 or the national stage documents filed under 37 CFR 1.495, if a power of attorney has not been appointed under 37 CFR 1.32.

Jump to MPEP Source · 37 CFR 1.14Access to National Stage ApplicationsAccess to International Applications (MPEP 110)National Stage Applications
StatutoryInformativeAlways
[mpep-102-6fdcaaabfa5ceb656553cf51]
Requester Entitled to National Stage Application Status
Note:
A requester not listed in (1)-(5) but with written authority from them, and for national stage or benefit claim applications with the USA as a Designated State, is entitled to status information.

Furthermore, if the requester is not any of (1) – (5) or a person with written authority from any of (1) – (5) as set forth above, but the application is a national stage application or any application claiming the benefit of the filing date of a published international application and the United States of America has been indicated as a Designated State in the international application, pursuant to 37 CFR 1.14(a)(2)(iv), the requester is entitled to status information for the national stage application as well as any application claiming the benefit of the filing date of the published international application. A copy of the first page of the published international application or of the corresponding page of the PCT Gazette must be supplied with the status request. The status request should be made in writing to the International Patent Legal Administration (see MPEP § 1730). Alternatively, inquiries relating to applications claiming the benefit of the filing date of a published international application may be directed to the PCT Help desk. Only the serial number and filing date, or application number, as well as whether the application is pending, abandoned, or patented may be given for the national stage application and for any applications claiming the benefit of the filing date of the referenced published international application. Other information contained on the continuity data screen, such as whether the application is a CIP, continuation or divisional application, the date of abandonment of the application and issue date may be confidential information and should not be communicated.

Jump to MPEP Source · 37 CFR 1.14(a)(2)(iv)Access to National Stage ApplicationsWritten Authority to InspectInternational Filing Date
StatutoryRecommendedAlways
[mpep-102-a290b74228e1e1da54592f06]
Confidentiality of Continuity Data for National Stage Applications
Note:
Only serial number, filing date, and status may be disclosed for national stage applications and those claiming a published international application's filing date.

Furthermore, if the requester is not any of (1) – (5) or a person with written authority from any of (1) – (5) as set forth above, but the application is a national stage application or any application claiming the benefit of the filing date of a published international application and the United States of America has been indicated as a Designated State in the international application, pursuant to 37 CFR 1.14(a)(2)(iv), the requester is entitled to status information for the national stage application as well as any application claiming the benefit of the filing date of the published international application. A copy of the first page of the published international application or of the corresponding page of the PCT Gazette must be supplied with the status request. The status request should be made in writing to the International Patent Legal Administration (see MPEP § 1730). Alternatively, inquiries relating to applications claiming the benefit of the filing date of a published international application may be directed to the PCT Help desk. Only the serial number and filing date, or application number, as well as whether the application is pending, abandoned, or patented may be given for the national stage application and for any applications claiming the benefit of the filing date of the referenced published international application. Other information contained on the continuity data screen, such as whether the application is a CIP, continuation or divisional application, the date of abandonment of the application and issue date may be confidential information and should not be communicated.

Jump to MPEP Source · 37 CFR 1.14(a)(2)(iv)Access to National Stage ApplicationsConfidentiality of International ApplicationsInternational Filing Date
Topic

Written Authority to Inspect

3 rules
StatutoryPermittedAlways
[mpep-102-1d31c65446384522b1470182]
Requester with Written Authority Entitled to Status Info
Note:
A requester who is any of (1)-(5) listed above, or has written authority from them, can obtain status information on an application.

If the requester is any of (1) – (5) as set forth above, or if the application contains written authority granting access to the requester signed by any of (1) – (5) as set forth above, then the requester is entitled to status information. See 37 CFR 1.14(c) and MPEP § 104 for additional information pertaining to who can provide written authority granting access to such information. If the requester is inquiring about whether a reply was received or when an Office action can be expected, the requester should be directed to call the Technology Center (TC) to which the application is assigned. The assignment of an application to a TC can be determined from Patent Data Portal. If the requester is not any of (1) – (5) or a person with written authority from any of (1) – (5) as set forth above, the requester may utilize Patent Center to obtain status information.

Jump to MPEP Source · 37 CFR 1.14(c)Written Authority to InspectPower to Inspect Application (MPEP 104)Access to Patent Application Files (MPEP 101-106)
StatutoryPermittedAlways
[mpep-102-872fe235a263fc5edfbde883]
Requester Without Written Authority May Use Patent Center for Status Info
Note:
If the requester is not any of (1) – (5) or does not have written authority from them, they can use Patent Center to obtain application status information.

If the requester is any of (1) – (5) as set forth above, or if the application contains written authority granting access to the requester signed by any of (1) – (5) as set forth above, then the requester is entitled to status information. See 37 CFR 1.14(c) and MPEP § 104 for additional information pertaining to who can provide written authority granting access to such information. If the requester is inquiring about whether a reply was received or when an Office action can be expected, the requester should be directed to call the Technology Center (TC) to which the application is assigned. The assignment of an application to a TC can be determined from Patent Data Portal. If the requester is not any of (1) – (5) or a person with written authority from any of (1) – (5) as set forth above, the requester may utilize Patent Center to obtain status information.

Jump to MPEP Source · 37 CFR 1.14(c)Written Authority to InspectPower to Inspect Application (MPEP 104)Access to Prosecution History
StatutoryInformativeAlways
[mpep-102-48cf72472d6e6e0c2f4aca4f]
Requester Entitled to Status Info for International Design Application
Note:
The requester, who is not listed in (1)-(5) and does not have written authority from them, but whose application is an international design maintained by the Office, can obtain status information on the application and any claiming its filing date.

If the requester is not any of (1) – (5) or a person with written authority from any of (1) – (5) as set forth above, but the application is an international design application maintained by the Office in its capacity as a designated office (37 CFR 1.1003) for national processing, pursuant to 37 CFR 1.14(a)(2)(iv), the requester is entitled to status information for the international design application as well as any application claiming the benefit of the filing date of the published international design application. With respect to an international design application maintained by the Office in its capacity as an office of indirect filing (37 CFR 1.1002), status information may be made available where contained in the file of the international design application maintained by the Office for national processing.

Jump to MPEP Source · 37 CFR 1.1003)Written Authority to InspectDesign Benefit ClaimsFiling Date Requirements
Topic

Third Party Access to Files (MPEP 103, 1134.01)

2 rules
StatutoryRequiredAlways
[mpep-102-3f7e140a4cfdef604a990b40]
Third Party Access to Unpublished Patent Applications
Note:
This rule outlines the conditions under which third parties may access unpublished patent applications, including when and how such access is permitted.
(a) Confidentiality of patent application information. 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.
  • (1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations:
    • (i) Patented applications and statutory invention registrations. The file of an application that has issued as a patent or published as a statutory invention registration is available to the public as set forth in § 1.11(a). A copy of the patent application-as-filed, the file contents of the application, or a specific document in the file of such an application may be provided upon request and payment of the appropriate fee set forth in § 1.19(b).
    • (ii) Published abandoned applications. The file of an abandoned published application is available to the public as set forth in § 1.11(a). A copy of the application-as-filed, the file contents of the published application, or a specific document in the file of the published application may be provided to any person upon request and payment of the appropriate fee set forth in § 1.19(b).
    • (iii) Published pending applications. A copy of the application-as-filed, the file contents of the application, or a specific document in the file of a pending published application may be provided to any person upon request and payment of the appropriate fee set forth in § 1.19(b). If a redacted copy of the application was used for the patent application publication, the copy of the specification, drawings, and papers may be limited to a redacted copy. The Office will not provide access to the paper file of a pending application that has been published, except as provided in paragraph (c) or (i) of this section.
    • (iv) Unpublished abandoned applications (including provisional applications) that are identified or relied upon. The file contents of an unpublished, abandoned application may be made available to the public if the application is identified in a U.S. patent, a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3) of an international design application designating the United States. An application is considered to have been identified in a document, such as a patent, when the application number or serial number and filing date, first named inventor, title, and filing date or other application specific information are provided in the text of the patent, but not when the same identification is made in a paper in the file contents of the patent and is not included in the printed patent. Also, the file contents may be made available to the public, upon a written request, if benefit of the abandoned application is claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in an application that has issued as a U.S. patent, or has published as a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3). A copy of the application-as-filed, the file contents of the application, or a specific document in the file of the application may be provided to any person upon written request and payment of the appropriate fee (§ 1.19(b)).
    • (v) Unpublished pending applications (including provisional applications) whose benefit is claimed. A copy of the file contents of an unpublished pending application may be provided to any person, upon written request and payment of the appropriate fee (§ 1.19(b)), if the benefit of the application is claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in an application that has issued as a U.S. patent, or in an application that has published as a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3). A copy of the application-as-filed or a specific document in the file of the pending application may also be provided to any person upon written request and payment of the appropriate fee (§ 1.19(b)). The Office will not provide access to the paper file of a pending application, except as provided in paragraph (c) or (i) of this section.
    • (vi) Unpublished pending applications (including provisional applications) that are incorporated by reference or otherwise identified. A copy of the application as originally filed of an unpublished pending application may be provided to any person, upon written request and payment of the appropriate fee (§ 1.19(b)), if the application is incorporated by reference or otherwise identified in a U.S. patent, a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3) of an international design application designating the United States. The Office will not provide access to the paper file of a pending application, except as provided in paragraph (c) or (i) of this section.
    • (vii) When a petition for access or a power to inspect is required. Applications that were not published or patented, that are not the subject of a benefit claim under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in an application that has issued as a U.S. patent, an application that has published as a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3), or are not identified in a U.S. patent, a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3) of an international design application designating the United States, are not available to the public. If an application is identified in the file contents of another application, but not the published patent application or patent itself, a granted petition for access (see paragraph (i)) or a power to inspect (see paragraph (c) of this section) is necessary to obtain the application, or a copy of the application.
  • (2) Information concerning a patent application may be communicated to the public if the patent application is identified in a published patent document or in an application as set forth in paragraphs (a)(1)(i) through (a)(1)(vi) of this section. The information that may be communicated to the public (i.e., status information) includes:
    • (i) Whether the application is pending, abandoned, or patented;
    • (ii) Whether the application has been published under 35 U.S.C. 122(b);
    • (iii) The application “numerical identifier” which may be:
      • (A) The eight-digit application number (the two-digit series code plus the six-digit serial number); or
      • (B) The six-digit serial number plus any one of the filing date of the national application, the international filing date, or date of entry into the national stage; and
    • (iv) Whether another application claims the benefit of the application (i.e., whether there are any applications that claim the benefit of the filing date under 35 U.S.C. 119(e), 120, 121, 365, or 386 of the application), and if there are any such applications, the numerical identifier of the application, the specified relationship between the applications (e.g., continuation), whether the application is pending, abandoned or patented, and whether the application has been published under 35 U.S.C. 122(b).
Jump to MPEP Source · 37 CFR 1.14Third Party Access to Files (MPEP 103, 1134.01)International Design Application FilingInternational Design Application Requirements
StatutoryRequiredAlways
[mpep-102-278d160e44f68915e8869423]
Public Access to Patented Application Files
Note:
The file of a patented application or statutory invention registration is available to the public upon request and payment of fees.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations (i) Patented applications and statutory invention registrations. The file of an application that has issued as a patent or published as a statutory invention registration is available to the public as set forth in § 1.11(a). A copy of the patent application-as-filed, the file contents of the application, or a specific document in the file of such an application may be provided upon request and payment of the appropriate fee set forth in § 1.19(b).

Jump to MPEP Source · 37 CFR 1.14Third Party Access to Files (MPEP 103, 1134.01)Access to Patent Application Files (MPEP 101-106)Fees for Third Party Access
Topic

Access to Prosecution History

2 rules
StatutoryRecommendedAlways
[mpep-102-d99adc0e2a7091ff62e7eadb]
Inquiry on Reply or Office Action Timing Requires Calling Assigned TC
Note:
If a requester inquires about whether a reply was received or when an Office action can be expected, they should call the assigned Technology Center (TC).

If the requester is any of (1) – (5) as set forth above, or if the application contains written authority granting access to the requester signed by any of (1) – (5) as set forth above, then the requester is entitled to status information. See 37 CFR 1.14(c) and MPEP § 104 for additional information pertaining to who can provide written authority granting access to such information. If the requester is inquiring about whether a reply was received or when an Office action can be expected, the requester should be directed to call the Technology Center (TC) to which the application is assigned. The assignment of an application to a TC can be determined from Patent Data Portal. If the requester is not any of (1) – (5) or a person with written authority from any of (1) – (5) as set forth above, the requester may utilize Patent Center to obtain status information.

Jump to MPEP Source · 37 CFR 1.14(c)Access to Prosecution HistoryAccess to Specific Document TypesWritten Authority to Inspect
StatutoryPermittedAlways
[mpep-102-66d510dc4a52315eb96971c7]
Determine TC from Patent Data Portal for Status Inquiry
Note:
Requesters can determine the Technology Center assigned to an application by checking the Patent Data Portal if they are not listed as (1)-(5) or have written authorization.

If the requester is any of (1) – (5) as set forth above, or if the application contains written authority granting access to the requester signed by any of (1) – (5) as set forth above, then the requester is entitled to status information. See 37 CFR 1.14(c) and MPEP § 104 for additional information pertaining to who can provide written authority granting access to such information. If the requester is inquiring about whether a reply was received or when an Office action can be expected, the requester should be directed to call the Technology Center (TC) to which the application is assigned. The assignment of an application to a TC can be determined from Patent Data Portal. If the requester is not any of (1) – (5) or a person with written authority from any of (1) – (5) as set forth above, the requester may utilize Patent Center to obtain status information.

Jump to MPEP Source · 37 CFR 1.14(c)Access to Prosecution HistoryWritten Authority to InspectAccess to Specific Document Types
Topic

Fees for Third Party Access

1 rules
StatutoryPermittedAlways
[mpep-102-5dc0758ee74a09c6a0acaef5]
Fee for Third Party Access to Application Files
Note:
A copy of the patent application-as-filed, file contents, or specific documents may be provided upon request and payment of the appropriate fee.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations (i) Patented applications and statutory invention registrations. The file of an application that has issued as a patent or published as a statutory invention registration is available to the public as set forth in § 1.11(a). A copy of the patent application-as-filed, the file contents of the application, or a specific document in the file of such an application may be provided upon request and payment of the appropriate fee set forth in § 1.19(b).

Jump to MPEP Source · 37 CFR 1.14Fees for Third Party AccessInternational Design Application FeesDocument Supply Fees
Topic

Access to Published Application File

1 rules
StatutoryRequiredAlways
[mpep-102-a72e02c8f9ccc044bc3d7af1]
Published Abandoned Application File Available to Public
Note:
The file of an abandoned published application can be accessed by the public upon request and payment of fees.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations:

The file of an abandoned published application is available to the public as set forth in § 1.11(a).

Jump to MPEP Source · 37 CFR 1.14Access to Published Application FileAccess to Published Applications (37 CFR 1.14(a))Third Party Access to Files (MPEP 103, 1134.01)
Topic

Mandatory Application Elements

1 rules
StatutoryRequiredAlways
[mpep-102-9627864477d57238d6742485]
Petition for Access Needed for Unpublished Applications
Note:
Unpublished patent applications require a petition for access to be made available to the public.

(a) Confidentiality of patent application information. 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.
(1) Records associated with patent applications (see paragraph (g) of this section for international applications and paragraph (j) of this section for international design applications) may be available in the following situations:

(vii) When a petition for access or a power to inspect is required. Applications that were not published or patented, that are not the subject of a benefit claim under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in an application that has issued as a U.S. patent, an application that has published as a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3), or are not identified in a U.S. patent, a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3) of an international design application designating the United States, are not available to the public.

Jump to MPEP Source · 37 CFR 1.14Mandatory Application ElementsAccess to Published PCT ApplicationsAccess to Published Application File
Topic

Public PAIR Access

1 rules
StatutoryRecommendedAlways
[mpep-102-13dd2d7499f17029db273a8b]
Requester Must Check Patent Center or PAIR for Application Status
Note:
A requester must check the Patent Center or Private Patent Application Information Retrieval (PAIR) on the USPTO website for application status information. If the application is not published and pending or abandoned, an authorized requester can contact the Application Assistance Unit (AAU) to determine eligibility.
A requester seeking status information regarding an application should check Patent Center or Private Patent Application Information Retrieval (PAIR) on the USPTO website at www.uspto.gov. Alternatively, an authorized requester may contact the Application Assistance Unit (AAU) for applications in pre-examination or post-examination processing via email at HelpAAU@uspto.gov; phone at 571-272-4000 or toll free at 888-786-0101 (Hours: Weekdays, 8:30 a.m. to 5 p.m. ET); or at www.uspto.gov/learning-and-resources/ support-centers/application-assistance-unit-aau (see MPEP § 1730). If the application has not been published, but is pending or abandoned then the AAU will determine whether the requester is:
  • (1) the applicant;
  • (2) a patent practitioner of record;
  • (3) the assignee or an assignee of an undivided part interest;
  • (4) the inventor or a joint inventor; or
  • (5) a registered attorney or agent named in the papers accompanying the application papers filed under 37 CFR 1.53 or the national stage documents filed under 37 CFR 1.495, if a power of attorney has not been appointed under 37 CFR 1.32.
Jump to MPEP Source · 37 CFR 1.14Public PAIR AccessElectronic Access SystemsAccess to Patent Application Files (MPEP 101-106)
Topic

National Stage Entry Requirements

1 rules
StatutoryRequiredAlways
[mpep-102-e54fd0b13883b3e16240c86e]
Requirement for First Page Copy of Published International Application
Note:
A copy of the first page of the published international application must be provided with a status request.

Furthermore, if the requester is not any of (1) – (5) or a person with written authority from any of (1) – (5) as set forth above, but the application is a national stage application or any application claiming the benefit of the filing date of a published international application and the United States of America has been indicated as a Designated State in the international application, pursuant to 37 CFR 1.14(a)(2)(iv), the requester is entitled to status information for the national stage application as well as any application claiming the benefit of the filing date of the published international application. A copy of the first page of the published international application or of the corresponding page of the PCT Gazette must be supplied with the status request. The status request should be made in writing to the International Patent Legal Administration (see MPEP § 1730). Alternatively, inquiries relating to applications claiming the benefit of the filing date of a published international application may be directed to the PCT Help desk. Only the serial number and filing date, or application number, as well as whether the application is pending, abandoned, or patented may be given for the national stage application and for any applications claiming the benefit of the filing date of the referenced published international application. Other information contained on the continuity data screen, such as whether the application is a CIP, continuation or divisional application, the date of abandonment of the application and issue date may be confidential information and should not be communicated.

Jump to MPEP Source · 37 CFR 1.14(a)(2)(iv)National Stage Entry RequirementsRequest Content and FormAccess to International Applications (MPEP 110)
Topic

Request Content and Form

1 rules
StatutoryRecommendedAlways
[mpep-102-56e39b68b21c277fdc2c331a]
Status Request Must Be Written
Note:
The status request for an international patent application must be submitted in writing to the International Patent Legal Administration.

Furthermore, if the requester is not any of (1) – (5) or a person with written authority from any of (1) – (5) as set forth above, but the application is a national stage application or any application claiming the benefit of the filing date of a published international application and the United States of America has been indicated as a Designated State in the international application, pursuant to 37 CFR 1.14(a)(2)(iv), the requester is entitled to status information for the national stage application as well as any application claiming the benefit of the filing date of the published international application. A copy of the first page of the published international application or of the corresponding page of the PCT Gazette must be supplied with the status request. The status request should be made in writing to the International Patent Legal Administration (see MPEP § 1730). Alternatively, inquiries relating to applications claiming the benefit of the filing date of a published international application may be directed to the PCT Help desk. Only the serial number and filing date, or application number, as well as whether the application is pending, abandoned, or patented may be given for the national stage application and for any applications claiming the benefit of the filing date of the referenced published international application. Other information contained on the continuity data screen, such as whether the application is a CIP, continuation or divisional application, the date of abandonment of the application and issue date may be confidential information and should not be communicated.

Jump to MPEP Source · 37 CFR 1.14(a)(2)(iv)Request Content and FormPCT Request FormAccess to National Stage Applications
Topic

International Filing Date

1 rules
StatutoryPermittedAlways
[mpep-102-85dde775ff526ff64f587b6b]
Inquiries for PCT Filing Date Applications Can Be Directed to Help Desk
Note:
Requesters can inquire about applications claiming the benefit of a published international application's filing date by contacting the PCT Help desk.

Furthermore, if the requester is not any of (1) – (5) or a person with written authority from any of (1) – (5) as set forth above, but the application is a national stage application or any application claiming the benefit of the filing date of a published international application and the United States of America has been indicated as a Designated State in the international application, pursuant to 37 CFR 1.14(a)(2)(iv), the requester is entitled to status information for the national stage application as well as any application claiming the benefit of the filing date of the published international application. A copy of the first page of the published international application or of the corresponding page of the PCT Gazette must be supplied with the status request. The status request should be made in writing to the International Patent Legal Administration (see MPEP § 1730). Alternatively, inquiries relating to applications claiming the benefit of the filing date of a published international application may be directed to the PCT Help desk. Only the serial number and filing date, or application number, as well as whether the application is pending, abandoned, or patented may be given for the national stage application and for any applications claiming the benefit of the filing date of the referenced published international application. Other information contained on the continuity data screen, such as whether the application is a CIP, continuation or divisional application, the date of abandonment of the application and issue date may be confidential information and should not be communicated.

Jump to MPEP Source · 37 CFR 1.14(a)(2)(iv)International Filing DateAccess to International Applications (MPEP 110)PCT International Application Filing
Topic

International Design Application Filing

1 rules
StatutoryPermittedAlways
[mpep-102-c3fd88015c059c1b6d6d442f]
Status Info for International Design Application Filing
Note:
Provides status information for international design applications maintained by the Office in its capacity as an office of indirect filing.

If the requester is not any of (1) – (5) or a person with written authority from any of (1) – (5) as set forth above, but the application is an international design application maintained by the Office in its capacity as a designated office (37 CFR 1.1003) for national processing, pursuant to 37 CFR 1.14(a)(2)(iv), the requester is entitled to status information for the international design application as well as any application claiming the benefit of the filing date of the published international design application. With respect to an international design application maintained by the Office in its capacity as an office of indirect filing (37 CFR 1.1002), status information may be made available where contained in the file of the international design application maintained by the Office for national processing.

Jump to MPEP Source · 37 CFR 1.1003)International Design Application FilingDesign Patent PracticeInternational Design Applications
Topic

Examiner Action Status Tracking

1 rules
StatutoryRecommendedAlways
[mpep-102-c50444a6321b10e51aaaded5]
Use Patent Data Portal for Application Status
Note:
Office personnel must use the Patent Data Portal to determine the current status of an application, especially for Image File Wrapper applications which have no associated location.

When it is desired to determine the current location or status of an application, Office personnel should use Patent Data Portal. If the application is an Image File Wrapper (IFW) application, no location is associated with the file.

Jump to MPEP Source · 37 CFR 1.14Examiner Action Status TrackingAccess to Patent Application Files (MPEP 101-106)Certified Copies of Documents

Citations

Primary topicCitation
Access to National Stage Applications
Access to Patent Application Files (MPEP 101-106)
Access to Pending Applications
Copies of Patents and Applications
Mandatory Application Elements
Third Party Access to Files (MPEP 103, 1134.01)
35 U.S.C. § 119(e)
Access to Patent Application Files (MPEP 101-106)
Access to Pending Applications
Access to Published Application File
Copies of Patents and Applications
Fees for Third Party Access
Mandatory Application Elements
Third Party Access to Files (MPEP 103, 1134.01)
35 U.S.C. § 122(a)
Access to Patent Application Files (MPEP 101-106)
Access to Pending Applications
Access to Published Application File
Copies of Patents and Applications
Fees for Third Party Access
Mandatory Application Elements
Third Party Access to Files (MPEP 103, 1134.01)
35 U.S.C. § 122(b)
International Design Application Filing
Written Authority to Inspect
37 CFR § 1.1002
International Design Application Filing
Written Authority to Inspect
37 CFR § 1.1003
Access to Patent Application Files (MPEP 101-106)
Access to Pending Applications
Access to Published Application File
Copies of Patents and Applications
Fees for Third Party Access
Mandatory Application Elements
Third Party Access to Files (MPEP 103, 1134.01)
37 CFR § 1.11
Access to Patent Application Files (MPEP 101-106)
Access to Published Application File
Copies of Patents and Applications
Fees for Third Party Access
Third Party Access to Files (MPEP 103, 1134.01)
37 CFR § 1.11(a)
Access to National Stage Applications
Access to Patent Application Files (MPEP 101-106)
International Design Application Filing
International Filing Date
National Stage Entry Requirements
Request Content and Form
Written Authority to Inspect
37 CFR § 1.14(a)(2)(iv)
Access to Prosecution History
Written Authority to Inspect
37 CFR § 1.14(c)
Access to Patent Application Files (MPEP 101-106)
Access to Pending Applications
Access to Published Application File
Copies of Patents and Applications
Fees for Third Party Access
Third Party Access to Files (MPEP 103, 1134.01)
37 CFR § 1.19(b)
Access to National Stage Applications
Public PAIR Access
37 CFR § 1.32
Access to National Stage Applications
Public PAIR Access
37 CFR § 1.495
Access to National Stage Applications
Public PAIR Access
37 CFR § 1.53
Access to Prosecution History
Written Authority to Inspect
MPEP § 104
Access to National Stage Applications
International Filing Date
National Stage Entry Requirements
Public PAIR Access
Request Content and Form
MPEP § 1730
Access to Pending Applications
Copies of Patents and Applications
Mandatory Application Elements
Third Party Access to Files (MPEP 103, 1134.01)
PCT Article 21(2)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31