MPEP § 1128 — Availability of Published Applications (Annotated Rules)

§1128 Availability of Published Applications

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

This page consolidates and annotates all enforceable requirements under MPEP § 1128, 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.

Availability of Published Applications

This section addresses Availability of Published Applications. Primary authority: 35 U.S.C. 122(b), 35 U.S.C. 122(a), and 35 U.S.C. 1.11. Contains: 9 permissions and 4 other statements.

Key Rules

Topic

Access to Published Application File

6 rules
StatutoryPermittedAlways
[mpep-1128-8f82f2bd02ae1978928910e5]
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) for international applications and paragraph (j) for international design applications) may be available in the following situations (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).

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)
StatutoryInformativeAlways
[mpep-1128-cef3de11195c987c20cdfcd0]
Public Access to Published Applications
Note:
Patent application publications are available electronically on the USPTO website, and status information can be obtained through Patent Center.

Patent application publications are available electronically on the USPTO website (www.uspto.gov). Any member of the public may obtain status information concerning any published application via Patent Center. See MPEP § 1730. Published applications that have been scanned into Patent Center may be available electronically. See 37 CFR 1.14(b). Note that if a published patent application is pending and it is not maintained in Patent Center, the paper application file itself will not be available to the public for inspection. Only copies of the application file may be obtained pursuant to 37 CFR 1.14(a)(1)(iii). See MPEP § 103 for additional information pertaining to access to patent application files.

Jump to MPEP Source · 37 CFR 1.14(b)Access to Published Application FileAccess to Published Applications (37 CFR 1.14(a))Access to Patent Application Files (MPEP 101-106)
StatutoryPermittedAlways
[mpep-1128-016c1f0edfce67766eb12d40]
Public May Obtain Published Application Status via Patent Center
Note:
Any member of the public can view and obtain status information for any published patent application through Patent Center.

Patent application publications are available electronically on the USPTO website (www.uspto.gov). Any member of the public may obtain status information concerning any published application via Patent Center. See MPEP § 1730. Published applications that have been scanned into Patent Center may be available electronically. See 37 CFR 1.14(b). Note that if a published patent application is pending and it is not maintained in Patent Center, the paper application file itself will not be available to the public for inspection. Only copies of the application file may be obtained pursuant to 37 CFR 1.14(a)(1)(iii). See MPEP § 103 for additional information pertaining to access to patent application files.

Jump to MPEP Source · 37 CFR 1.14(b)Access to Published Application FileAccess to Published Applications (37 CFR 1.14(a))Access to Patent Application Files (MPEP 101-106)
StatutoryPermittedAlways
[mpep-1128-81b2f58c1786678265200f9b]
Public Can View Published Application Status
Note:
Any member of the public may obtain status information about published applications through Patent Center, including publication and patenting statuses.

Any member of the public may obtain status information concerning any published application via Patent Center. See MPEP § 1730. Status information is defined to include identification of whether the application has been published under 35 U.S.C. 122(b), as well as whether the application is pending, abandoned, or patented, and the application number. Status information may also be provided when the application is referred to by its application number in a U.S. patent application publication as well as a U.S. patent, 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 public may obtain continuity data for applications that have been published as a U.S. patent application publication or as a U.S. patent. See also MPEP § 102.

Jump to MPEP Source · 37 CFR 1.14Access to Published Application FileAccess to Published Applications (37 CFR 1.14(a))Access to Patent Application Files (MPEP 101-106)
StatutoryPermittedAlways
[mpep-1128-a3d655997e083970cc50eb8e]
Status Info for Published Applications
Note:
Provides status information including publication, pending, abandoned, or patented status when referring to an application by its number in a U.S. patent publication.

Any member of the public may obtain status information concerning any published application via Patent Center. See MPEP § 1730. Status information is defined to include identification of whether the application has been published under 35 U.S.C. 122(b), as well as whether the application is pending, abandoned, or patented, and the application number. Status information may also be provided when the application is referred to by its application number in a U.S. patent application publication as well as a U.S. patent, 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 public may obtain continuity data for applications that have been published as a U.S. patent application publication or as a U.S. patent. See also MPEP § 102.

Jump to MPEP Source · 37 CFR 1.14Access to Published Application FilePrior Art for DesignsPublication Language
StatutoryPermittedAlways
[mpep-1128-fc827c7b0352eb5999cbcadb]
Public Can Obtain Continuity Information for Published Patents and Applications
Note:
The public may access continuity data for U.S. patent applications that have been published as either a U.S. patent application publication or a U.S. patent.

Any member of the public may obtain status information concerning any published application via Patent Center. See MPEP § 1730. Status information is defined to include identification of whether the application has been published under 35 U.S.C. 122(b), as well as whether the application is pending, abandoned, or patented, and the application number. Status information may also be provided when the application is referred to by its application number in a U.S. patent application publication as well as a U.S. patent, 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 public may obtain continuity data for applications that have been published as a U.S. patent application publication or as a U.S. patent. See also MPEP § 102.

Jump to MPEP Source · 37 CFR 1.14Access to Published Application FilePrior Art for DesignsPublication Language
Topic

Access to Patent Application Files (MPEP 101-106)

5 rules
StatutoryPermittedAlways
[mpep-1128-71177b2cd0d1809de99c4818]
Published Abandoned Patent Application Files Available to Public
Note:
Patent application files for 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) for international applications and paragraph (j) for international design applications) may be available in the following situations (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).

Jump to MPEP Source · 37 CFR 1.14Access to Patent Application Files (MPEP 101-106)Copies of Patents and ApplicationsAccess to Published Application File
StatutoryPermittedAlways
[mpep-1128-0c9768e1177f7b29ad1d9ae0]
Access to Published Patent Application Files
Note:
Patent applicants may request access to the full contents of published pending applications 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) for international applications and paragraph (j) 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
StatutoryPermittedAlways
[mpep-1128-8bbb3889de296552bbc1c823]
Published Applications May Be Viewed Electronically
Note:
Published patent applications that have been scanned into Patent Center may be accessed electronically by the public.

Patent application publications are available electronically on the USPTO website (www.uspto.gov). Any member of the public may obtain status information concerning any published application via Patent Center. See MPEP § 1730. Published applications that have been scanned into Patent Center may be available electronically. See 37 CFR 1.14(b). Note that if a published patent application is pending and it is not maintained in Patent Center, the paper application file itself will not be available to the public for inspection. Only copies of the application file may be obtained pursuant to 37 CFR 1.14(a)(1)(iii). See MPEP § 103 for additional information pertaining to access to patent application files.

Jump to MPEP Source · 37 CFR 1.14(b)Access to Patent Application Files (MPEP 101-106)Access to Published Application FileAccess to Published Applications (37 CFR 1.14(a))
StatutoryPermittedAlways
[mpep-1128-733019a129cffa983877e9e7]
Copies of Application Files Only
Note:
Only copies of patent application files may be obtained, not the original files themselves.

Patent application publications are available electronically on the USPTO website (www.uspto.gov). Any member of the public may obtain status information concerning any published application via Patent Center. See MPEP § 1730. Published applications that have been scanned into Patent Center may be available electronically. See 37 CFR 1.14(b). Note that if a published patent application is pending and it is not maintained in Patent Center, the paper application file itself will not be available to the public for inspection. Only copies of the application file may be obtained pursuant to 37 CFR 1.14(a)(1)(iii). See MPEP § 103 for additional information pertaining to access to patent application files.

Jump to MPEP Source · 37 CFR 1.14(b)Access to Patent Application Files (MPEP 101-106)Access to Published Application FileAccess to Published Applications (37 CFR 1.14(a))
StatutoryInformativeAlways
[mpep-1128-66afca65ac4ed6ed93e5b149]
Status Information for Published Applications Required
Note:
The rule requires providing status information including publication under 35 U.S.C. 122(b), pending, abandoned, patented status, and application number for published applications.

Any member of the public may obtain status information concerning any published application via Patent Center. See MPEP § 1730. Status information is defined to include identification of whether the application has been published under 35 U.S.C. 122(b), as well as whether the application is pending, abandoned, or patented, and the application number. Status information may also be provided when the application is referred to by its application number in a U.S. patent application publication as well as a U.S. patent, 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 public may obtain continuity data for applications that have been published as a U.S. patent application publication or as a U.S. patent. See also MPEP § 102.

Jump to MPEP Source · 37 CFR 1.14Access to Patent Application Files (MPEP 101-106)Access to Published PCT ApplicationsAccess to Published Application File
Topic

Copies of Patents and Applications

5 rules
StatutoryPermittedAlways
[mpep-1128-02b8909633cfc22388403c12]
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 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) for international applications and paragraph (j) for international design applications) may be available in the following situations (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).

Jump to MPEP Source · 37 CFR 1.14Copies of Patents and ApplicationsAccess to Published Application FileFees for Third Party Access
StatutoryPermittedAlways
[mpep-1128-e8ae3098eaa20701c091bd1e]
Copies of Published Applications May Be Provided Upon Request
Note:
Patent Office may provide copies of a published application, including the application-as-filed and specific documents within it, 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) for international applications and paragraph (j) 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-1128-d256ef8b940655850305a06b]
Redacted Copies of Published Applications May Be Provided
Note:
If a redacted copy 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) for international applications and paragraph (j) 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)
StatutoryPermittedAlways
[mpep-1128-7e138492f07ce246b4ed54f5]
Public Can Request Patent Application Copies
Note:
Members of the public can request copies of patent application files and specific papers from the USPTO for a fee.
Any member of the public may submit a request under 37 CFR 1.14(a)(1)(ii) or (iii) and the fee set forth in 37 CFR 1.19(b) to the Patent and Trademark Copy Fulfillment Branch of the Public Records Division or electronically through the Certified Copy Center storefront at www.uspto.gov/ CertifiedCopyCenter for:
  • (A) a copy of the complete file wrapper and contents of, or a copy of a specific paper in, any published application, provided that no redacted copy was timely submitted for publication; or
  • (B) an appropriately redacted copy of the file wrapper and contents of, or a copy of a specific paper in, any published application for which a redacted copy was timely submitted for publication.
Jump to MPEP Source · 37 CFR 1.14(a)(1)(ii)Copies of Patents and ApplicationsFees for Third Party AccessCopies and Certified Documents
StatutoryInformativeAlways
[mpep-1128-2b30efbc353c25ab13092426]
Request for Redacted Published Application Copies
Note:
Members of the public can request an appropriately redacted copy of a published application's file wrapper or specific papers that were timely submitted for publication.

Any member of the public may submit a request under 37 CFR 1.14(a)(1)(ii) or (iii) and the fee set forth in 37 CFR 1.19(b) to the Patent and Trademark Copy Fulfillment Branch of the Public Records Division or electronically through the Certified Copy Center storefront at www.uspto.gov/ CertifiedCopyCenter for:

(B) an appropriately redacted copy of the file wrapper and contents of, or a copy of a specific paper in, any published application for which a redacted copy was timely submitted for publication.

Jump to MPEP Source · 37 CFR 1.14(a)(1)(ii)Copies of Patents and ApplicationsAccess to Published Application FileAccess to Published Applications (37 CFR 1.14(a))
Topic

Third Party Access to Files (MPEP 103, 1134.01)

1 rules
StatutoryPermittedAlways
[mpep-1128-003b44686758d9a4e8372bd8]
Confidentiality of Unpublished Patent Applications
Note:
Information on unpublished patent applications is generally kept confidential and will only be disclosed to the public under specific conditions as outlined in §1.11 or 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) for international applications and paragraph (j) for international design applications) may be available in the following situations:
    • (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.
Jump to MPEP Source · 37 CFR 1.14Third Party Access to Files (MPEP 103, 1134.01)International Design Application FilingAccess to Patent Application Files (MPEP 101-106)
Topic

Access to Pending Applications

1 rules
StatutoryPermittedAlways
[mpep-1128-99dab73b6e66d1186713e59d]
No Access to Published Pending Application Files
Note:
The Office will not provide access to the paper file of a published pending application, except under specific conditions.

(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) for international applications and paragraph (j) 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
Topic

Access to Published Applications (37 CFR 1.14(a))

1 rules
StatutoryInformativeAlways
[mpep-1128-34fe93b230c00eb22a76953d]
Published Patent Application Not Maintained in Patent Center
Note:
If a published patent application is pending but not maintained in Patent Center, the original paper file will not be publicly accessible for inspection.

Patent application publications are available electronically on the USPTO website (www.uspto.gov). Any member of the public may obtain status information concerning any published application via Patent Center. See MPEP § 1730. Published applications that have been scanned into Patent Center may be available electronically. See 37 CFR 1.14(b). Note that if a published patent application is pending and it is not maintained in Patent Center, the paper application file itself will not be available to the public for inspection. Only copies of the application file may be obtained pursuant to 37 CFR 1.14(a)(1)(iii). See MPEP § 103 for additional information pertaining to access to patent application files.

Jump to MPEP Source · 37 CFR 1.14(b)Access to Published Applications (37 CFR 1.14(a))Access to Patent Application Files (MPEP 101-106)Access to Published Application File
Topic

Access to Published PCT Applications

1 rules
StatutoryInformativeAlways
[mpep-1128-3cfe589aca3a7ba01892e17f]
Access to International Application Publications
Note:
The public can obtain status and continuity data for published international applications under PCT Article 21(2) or Hague Agreement Article 10(3).

Any member of the public may obtain status information concerning any published application via Patent Center. See MPEP § 1730. Status information is defined to include identification of whether the application has been published under 35 U.S.C. 122(b), as well as whether the application is pending, abandoned, or patented, and the application number. Status information may also be provided when the application is referred to by its application number in a U.S. patent application publication as well as a U.S. patent, 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 public may obtain continuity data for applications that have been published as a U.S. patent application publication or as a U.S. patent. See also MPEP § 102.

Jump to MPEP Source · 37 CFR 1.14Access to Published PCT ApplicationsPrior Art for DesignsHague Definitions

Citations

Primary topicCitation
Access to Patent Application Files (MPEP 101-106)
Access to Pending Applications
Access to Published Application File
Copies of Patents and Applications
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
Access to Published PCT Applications
Copies of Patents and Applications
Third Party Access to Files (MPEP 103, 1134.01)
35 U.S.C. § 122(b)
Access to Patent Application Files (MPEP 101-106)
Access to Pending Applications
Access to Published Application File
Copies of Patents and Applications
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
Third Party Access to Files (MPEP 103, 1134.01)
37 CFR § 1.11(a)
Copies of Patents and Applications37 CFR § 1.14(a)(1)(ii)
Access to Patent Application Files (MPEP 101-106)
Access to Published Application File
Access to Published Applications (37 CFR 1.14(a))
37 CFR § 1.14(a)(1)(iii)
Access to Patent Application Files (MPEP 101-106)
Access to Published Application File
Access to Published Applications (37 CFR 1.14(a))
37 CFR § 1.14(b)
Access to Patent Application Files (MPEP 101-106)
Access to Pending Applications
Access to Published Application File
Copies of Patents and Applications
Third Party Access to Files (MPEP 103, 1134.01)
37 CFR § 1.19(b)
Access to Patent Application Files (MPEP 101-106)
Access to Published Application File
Access to Published PCT Applications
MPEP § 102
Access to Patent Application Files (MPEP 101-106)
Access to Published Application File
Access to Published Applications (37 CFR 1.14(a))
MPEP § 103
Access to Patent Application Files (MPEP 101-106)
Access to Published Application File
Access to Published Applications (37 CFR 1.14(a))
Access to Published PCT Applications
MPEP § 1730
Access to Patent Application Files (MPEP 101-106)
Access to Published Application File
Access to Published PCT Applications
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