MPEP § 1879.04 — Confidential Nature of the Report (Annotated Rules)
§1879.04 Confidential Nature of the Report
This page consolidates and annotates all enforceable requirements under MPEP § 1879.04, 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.
Confidential Nature of the Report
This section addresses Confidential Nature of the Report. Primary authority: 37 CFR 1.19(b)(2), 37 CFR 1.217, and 37 CFR 2.27. Contains: 1 requirement, 1 permission, and 2 other statements.
Key Rules
Access to Patent Application Files (MPEP 101-106)
(1) Neither the International Bureau nor the International Preliminary Examining Authority shall, unless requested or authorized by the applicant, allow access within the meaning, and with the proviso, of Article 30(4) to the file of the international preliminary examination by any person or authority at any time, except by the elected Offices once the international preliminary examination report has been established.
Access to Published Application File
(a) The specification, drawings, and all papers relating to the file of: A published application; a patent; or a statutory invention registration are open to inspection by the public, and copies may be obtained upon the payment of the fee set forth in § 1.19(b)(2). If an application was published in redacted form pursuant to § 1.217, the complete file wrapper and contents of the patent application will not be available if: The requirements of paragraphs (d)(1), (d)(2), and (d)(3) of § 1.217 have been met in the application; and the application is still pending. See § 2.27 of this title for trademark files.
Access to Application Files
(a) The specification, drawings, and all papers relating to the file of: A published application; a patent; or a statutory invention registration are open to inspection by the public, and copies may be obtained upon the payment of the fee set forth in § 1.19(b)(2). If an application was published in redacted form pursuant to § 1.217, the complete file wrapper and contents of the patent application will not be available if: The requirements of paragraphs (d)(1), (d)(2), and (d)(3) of § 1.217 have been met in the application; and the application is still pending. See § 2.27 of this title for trademark files.
Access to International Applications (MPEP 110)
For a discussion of the availability of copies of documents from international application files and/or access to international application files, see MPEP § 110.
Citations
| Primary topic | Citation |
|---|---|
| Access to Application Files Access to Published Application File | 37 CFR § 1.19(b)(2) |
| Access to Application Files Access to Published Application File | 37 CFR § 1.217 |
| Access to Application Files Access to Published Application File | 37 CFR § 2.27 |
| Access to International Applications (MPEP 110) | MPEP § 110 |
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.
Official MPEP § 1879.04 — Confidential Nature of the Report
Source: USPTO1879.04 Confidential Nature of the Report [R-07.2015]
PCT Article 38
Confidential Nature of the International Preliminary Examination
- (1) Neither the International Bureau nor the International Preliminary Examining Authority shall, unless requested or authorized by the applicant, allow access within the meaning, and with the proviso, of Article 30(4) to the file of the international preliminary examination by any person or authority at any time, except by the elected Offices once the international preliminary examination report has been established.
- (2) Subject to the provisions of paragraph (1) and Articles 36(1) and (3) and 37(3)(b), neither the International Bureau nor the International Preliminary Examining Authority shall, unless requested or authorized by the applicant, give information on the issuance or non-issuance of an international preliminary examination report and on the withdrawal or non-withdrawal of the demand or of any election.
37 CFR 1.11 Files open to the public.
- (a) The specification, drawings, and all papers relating to the file of: A published application; a patent; or a statutory invention registration are open to inspection by the public, and copies may be obtained upon the payment of the fee set forth in § 1.19(b)(2). If an application was published in redacted form pursuant to § 1.217, the complete file wrapper and contents of the patent application will not be available if: The requirements of paragraphs (d)(1), (d)(2), and (d)(3) of § 1.217 have been met in the application; and the application is still pending. See § 2.27 of this title for trademark files.
*****
37 CFR 1.14 Patent applications preserved in confidence.
*****
- (g) International applications.
- (1) Copies of international
application files for international applications which designate
the U.S. and which have been published in accordance with
PCT Article
21(2), or copies of a document in such
application files, will be furnished in accordance with
PCT Articles
30 and 38 and PCT Rules
94.2 and 94.3, upon written request including a
showing that the publication of the application has occurred and
that the U.S. was designated, and upon payment of the
appropriate fee (see § 1.19(b)),
if:
- (i) With respect to the Home Copy (the copy of the international application kept by the Office in its capacity as the Receiving Office, see PCT Article 12(1)), the international application was filed with the U.S. Receiving Office;
- (ii) With respect to the Search Copy (the copy of an international application kept by the Office in its capacity as the International Searching Authority, see PCT Article 12(1)), the U.S. acted as the International Searching Authority, except for the written opinion of the International Searching Authority which shall not be available until the expiration of thirty months from the priority date; or
- (iii) With respect to the Examination Copy (the copy of an international application kept by the Office in its capacity as the International Preliminary Examining Authority), the United States acted as the International Preliminary Examining Authority, an International Preliminary Examination Report has issued, and the United States was elected.
- (2) A copy of an English language translation of a publication of an international application which has been filed in the United States Patent and Trademark Office pursuant to 35 U.S.C. 154(d)(4) will be furnished upon written request including a showing that the publication of the application in accordance with PCT Article 21(2) has occurred and that the U.S. was designated, and upon payment of the appropriate fee (§ 1.19(b)(4)).
- (3) Access to international application files for international applications which designate the U.S. and which have been published in accordance with PCT Article 21(2), or copies of a document in such application files, will be permitted in accordance with PCT Articles 30 and 38 and PCT Rules 44ter.1, 94.2 and 94.3, upon written request including a showing that the publication of the application has occurred and that the U.S. was designated.
- (4) In accordance with PCT Article 30, copies of an international application-as-filed under paragraph (a) of this section will not be provided prior to the international publication of the application pursuant to PCT Article 21(2).
- (5) Access to international application files under paragraphs (a)(1)(i) through (a)(1)(vi) and (g)(3) of this section will not be permitted with respect to the Examination Copy in accordance with PCT Article 38.
- (1) Copies of international
application files for international applications which designate
the U.S. and which have been published in accordance with
PCT Article
21(2), or copies of a document in such
application files, will be furnished in accordance with
PCT Articles
30 and 38 and PCT Rules
94.2 and 94.3, upon written request including a
showing that the publication of the application has occurred and
that the U.S. was designated, and upon payment of the
appropriate fee (see § 1.19(b)),
if:
*****
- (i) Access or copies in other circumstances. The Office,
either sua sponte or on petition, may also provide
access or copies of all or part of an application if necessary to carry
out an Act of Congress or if warranted by other special circumstances.
Any petition by a member of the public seeking access to, or copies of,
all or part of any pending or abandoned application preserved in
confidence pursuant to paragraph (a) of this section, or any related
papers, must include:
- (1) The fee set forth in § 1.17(g); and
- (2) A showing that access to the application is necessary to carry out an Act of Congress or that special circumstances exist which warrant petitioner being granted access to all or part of the application.
For a discussion of the availability of copies of documents from international application files and/or access to international application files, see MPEP § 110.