Patent Law FAQ

For unpublished patent applications that are pending or abandoned, the following individuals are authorized to receive status information:

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
5. A registered attorney or agent named in 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

Additionally, anyone with written authority granting access from one of the above individuals is also entitled to status information.

A patent application file becomes available to the public in the following situations:

1. When the application has issued as a patent or published as a statutory invention registration
2. When the application has been published and subsequently abandoned
3. When the application has been published and is still pending
4. When an unpublished, abandoned application is identified or relied upon in certain public documents
5. When the benefit of an unpublished pending application is claimed in certain public documents

These conditions are outlined in 37 CFR 1.14(a)(1). In most cases, a fee is required to access the application file contents.

Patent application records may be available to the public in the following situations:

1. Patented applications and statutory invention registrations
2. Published abandoned applications
3. Published pending applications
4. Unpublished abandoned applications that are identified or relied upon
5. Unpublished pending applications whose benefit is claimed
6. Unpublished pending applications that are incorporated by reference or otherwise identified

For specific details on each situation, refer to 37 CFR 1.14(a)(1)(i)-(vi).

For international applications and applications claiming the benefit of a published international application:

1. If the United States is indicated as a Designated State, status information is available for the national stage application and any application claiming benefit of the filing date of the published international application.
2. Only the serial number, filing date, application number, and whether the application is pending, abandoned, or patented may be provided.
3. A copy of the first page of the published international application or the corresponding page of the PCT Gazette must be supplied with the status request.

Status requests should be made in writing to the International Patent Legal Administration or directed to the PCT Help desk.

According to MPEP 102, accessing unpublished patent applications requires specific procedures:

“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.”

In such cases, a granted petition for access or a power to inspect is necessary to obtain the application or a copy of the application. The specific requirements for these procedures are outlined in 37 CFR 1.14(i) and (c) respectively.

For more information on petition for access, visit: petition for access.

For more information on unpublished applications, visit: unpublished applications.

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 about the filing, pendency, or subject matter of an application, including status information and access to the application, is only given to the public as set forth in § 1.11 or in this section of the MPEP.

As stated in 37 CFR 1.14(a): Patent applications that have not been published under 35 U.S.C. 122(b) are generally preserved in confidence pursuant to 35 U.S.C. 122(a). Information concerning the filing, pendency, or subject matter of an application for patent, including status information, and access to the application, will only be given to the public as set forth in § 1.11 or in this section.

Status information of an application includes:

• Whether the application is pending, abandoned, or patented
• Whether the application has been published
• 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
• Whether another application claims the benefit of the application, and if so, status information for those applications

This is defined in 37 CFR 1.14(a)(2) and further elaborated in MPEP 102.

For provisional applications, the USPTO can provide the following information:

• Application number
• Filing date
• Whether the application is pending or abandoned
• Expiration date

It’s important to note that provisional applications are not published, so no additional information beyond these basic details is available to the public.

For pending or abandoned applications that have not been published, the Office may only confirm that an application has been filed, provide the application number and filing date, the inventorship information, the classification, and the group art unit assigned to the application. This limited information is available to the public to help avoid infringement of pending patent rights.

According to MPEP 102, for national stage applications or applications claiming the benefit of a published international application:

“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.”

To request this information, a copy of the first page of the published international application or the corresponding page of the PCT Gazette must be supplied with the status request to the International Patent Legal Administration.

For more information on international applications, visit: international applications.

For more information on status information, visit: status information.

Under MPEP 102, limited information about a pending application can be obtained, including:

• Application number
• Filing date
• Whether the application has been published
• Whether the application has been assigned
• Power of attorney
• Name of the examiner to whom the application is assigned
• Status of the application (e.g., pending, abandoned, or issued)
• Group art unit number
• Filing receipt information
• If available, projected publication date

However, access to the application file itself is restricted unless special circumstances apply or the application has been published.

USPTO personnel should use Patent Data Portal to determine the current location or status of an application. For Image File Wrapper (IFW) applications, no location is associated with the file.

As stated in MPEP 102: 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.

To obtain status information for a patent application, you can:

1. Check Patent Center or Private Patent Application Information Retrieval (PAIR) on the USPTO website at www.uspto.gov
2. 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, or visit their website

If the application has not been published but is pending or abandoned, the AAU will determine if the requester is authorized to receive status information based on their relationship to the application.

According to MPEP 102, when it is desired to determine the current location or status of an application, USPTO personnel should use Patent Data Portal. However, it’s important to note that:

“If the application is an Image File Wrapper (IFW) application, no location is associated with the file.”

For public inquiries about application status, the recommended methods are:

• Checking Patent Center or Private PAIR on the USPTO website
• Contacting the Application Assistance Unit (AAU) for pre-examination or post-examination processing applications
• Calling the Technology Center (TC) to which the application is assigned for information about replies or expected Office actions

The assignment of an application to a TC can be determined from Patent Data Portal.

For more information on USPTO Resources, visit: USPTO Resources.

In general, status information cannot be provided for unpublished patent applications, unless 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
5. A registered attorney or agent named in the application papers

Alternatively, a person with written authority from any of the above parties can be provided status information.

There are some exceptions where status information can be supplied for unpublished applications, such as:

• When the application is identified in a published patent document or another application publication
• When the application is a national stage application or claims benefit to a published international application and the US is a designated state
• When the application is an international design application maintained by the USPTO for national processing

For unpublished patent applications that are pending or abandoned, the following individuals are authorized to receive status information:

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
5. A registered attorney or agent named in 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

Additionally, anyone with written authority granting access from one of the above individuals is also entitled to status information.

A patent application file becomes available to the public in the following situations:

1. When the application has issued as a patent or published as a statutory invention registration
2. When the application has been published and subsequently abandoned
3. When the application has been published and is still pending
4. When an unpublished, abandoned application is identified or relied upon in certain public documents
5. When the benefit of an unpublished pending application is claimed in certain public documents

These conditions are outlined in 37 CFR 1.14(a)(1). In most cases, a fee is required to access the application file contents.

Patent application records may be available to the public in the following situations:

1. Patented applications and statutory invention registrations
2. Published abandoned applications
3. Published pending applications
4. Unpublished abandoned applications that are identified or relied upon
5. Unpublished pending applications whose benefit is claimed
6. Unpublished pending applications that are incorporated by reference or otherwise identified

For specific details on each situation, refer to 37 CFR 1.14(a)(1)(i)-(vi).

For international applications and applications claiming the benefit of a published international application:

1. If the United States is indicated as a Designated State, status information is available for the national stage application and any application claiming benefit of the filing date of the published international application.
2. Only the serial number, filing date, application number, and whether the application is pending, abandoned, or patented may be provided.
3. A copy of the first page of the published international application or the corresponding page of the PCT Gazette must be supplied with the status request.

Status requests should be made in writing to the International Patent Legal Administration or directed to the PCT Help desk.

According to MPEP 102, accessing unpublished patent applications requires specific procedures:

“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.”

In such cases, a granted petition for access or a power to inspect is necessary to obtain the application or a copy of the application. The specific requirements for these procedures are outlined in 37 CFR 1.14(i) and (c) respectively.

For more information on petition for access, visit: petition for access.

For more information on unpublished applications, visit: unpublished applications.

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 about the filing, pendency, or subject matter of an application, including status information and access to the application, is only given to the public as set forth in § 1.11 or in this section of the MPEP.

As stated in 37 CFR 1.14(a): Patent applications that have not been published under 35 U.S.C. 122(b) are generally preserved in confidence pursuant to 35 U.S.C. 122(a). Information concerning the filing, pendency, or subject matter of an application for patent, including status information, and access to the application, will only be given to the public as set forth in § 1.11 or in this section.

Status information of an application includes:

• Whether the application is pending, abandoned, or patented
• Whether the application has been published
• 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
• Whether another application claims the benefit of the application, and if so, status information for those applications

This is defined in 37 CFR 1.14(a)(2) and further elaborated in MPEP 102.

For provisional applications, the USPTO can provide the following information:

• Application number
• Filing date
• Whether the application is pending or abandoned
• Expiration date

It’s important to note that provisional applications are not published, so no additional information beyond these basic details is available to the public.

For pending or abandoned applications that have not been published, the Office may only confirm that an application has been filed, provide the application number and filing date, the inventorship information, the classification, and the group art unit assigned to the application. This limited information is available to the public to help avoid infringement of pending patent rights.

According to MPEP 102, for national stage applications or applications claiming the benefit of a published international application:

“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.”

To request this information, a copy of the first page of the published international application or the corresponding page of the PCT Gazette must be supplied with the status request to the International Patent Legal Administration.

For more information on international applications, visit: international applications.

For more information on status information, visit: status information.

Under MPEP 102, limited information about a pending application can be obtained, including:

• Application number
• Filing date
• Whether the application has been published
• Whether the application has been assigned
• Power of attorney
• Name of the examiner to whom the application is assigned
• Status of the application (e.g., pending, abandoned, or issued)
• Group art unit number
• Filing receipt information
• If available, projected publication date

However, access to the application file itself is restricted unless special circumstances apply or the application has been published.

USPTO personnel should use Patent Data Portal to determine the current location or status of an application. For Image File Wrapper (IFW) applications, no location is associated with the file.

As stated in MPEP 102: 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.

To obtain status information for a patent application, you can:

1. Check Patent Center or Private Patent Application Information Retrieval (PAIR) on the USPTO website at www.uspto.gov
2. 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, or visit their website

If the application has not been published but is pending or abandoned, the AAU will determine if the requester is authorized to receive status information based on their relationship to the application.

According to MPEP 102, when it is desired to determine the current location or status of an application, USPTO personnel should use Patent Data Portal. However, it’s important to note that:

“If the application is an Image File Wrapper (IFW) application, no location is associated with the file.”

For public inquiries about application status, the recommended methods are:

• Checking Patent Center or Private PAIR on the USPTO website
• Contacting the Application Assistance Unit (AAU) for pre-examination or post-examination processing applications
• Calling the Technology Center (TC) to which the application is assigned for information about replies or expected Office actions

The assignment of an application to a TC can be determined from Patent Data Portal.

For more information on USPTO Resources, visit: USPTO Resources.

In general, status information cannot be provided for unpublished patent applications, unless 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
5. A registered attorney or agent named in the application papers

Alternatively, a person with written authority from any of the above parties can be provided status information.

There are some exceptions where status information can be supplied for unpublished applications, such as:

• When the application is identified in a published patent document or another application publication
• When the application is a national stage application or claims benefit to a published international application and the US is a designated state
• When the application is an international design application maintained by the USPTO for national processing

For unpublished patent applications that are pending or abandoned, the following individuals are authorized to receive status information:

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
5. A registered attorney or agent named in 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

Additionally, anyone with written authority granting access from one of the above individuals is also entitled to status information.

A patent application file becomes available to the public in the following situations:

1. When the application has issued as a patent or published as a statutory invention registration
2. When the application has been published and subsequently abandoned
3. When the application has been published and is still pending
4. When an unpublished, abandoned application is identified or relied upon in certain public documents
5. When the benefit of an unpublished pending application is claimed in certain public documents

These conditions are outlined in 37 CFR 1.14(a)(1). In most cases, a fee is required to access the application file contents.

Patent application records may be available to the public in the following situations:

1. Patented applications and statutory invention registrations
2. Published abandoned applications
3. Published pending applications
4. Unpublished abandoned applications that are identified or relied upon
5. Unpublished pending applications whose benefit is claimed
6. Unpublished pending applications that are incorporated by reference or otherwise identified

For specific details on each situation, refer to 37 CFR 1.14(a)(1)(i)-(vi).

For international applications and applications claiming the benefit of a published international application:

1. If the United States is indicated as a Designated State, status information is available for the national stage application and any application claiming benefit of the filing date of the published international application.
2. Only the serial number, filing date, application number, and whether the application is pending, abandoned, or patented may be provided.
3. A copy of the first page of the published international application or the corresponding page of the PCT Gazette must be supplied with the status request.

Status requests should be made in writing to the International Patent Legal Administration or directed to the PCT Help desk.

According to MPEP 102, accessing unpublished patent applications requires specific procedures:

“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.”

In such cases, a granted petition for access or a power to inspect is necessary to obtain the application or a copy of the application. The specific requirements for these procedures are outlined in 37 CFR 1.14(i) and (c) respectively.

For more information on petition for access, visit: petition for access.

For more information on unpublished applications, visit: unpublished applications.

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 about the filing, pendency, or subject matter of an application, including status information and access to the application, is only given to the public as set forth in § 1.11 or in this section of the MPEP.

As stated in 37 CFR 1.14(a): Patent applications that have not been published under 35 U.S.C. 122(b) are generally preserved in confidence pursuant to 35 U.S.C. 122(a). Information concerning the filing, pendency, or subject matter of an application for patent, including status information, and access to the application, will only be given to the public as set forth in § 1.11 or in this section.

Status information of an application includes:

• Whether the application is pending, abandoned, or patented
• Whether the application has been published
• 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
• Whether another application claims the benefit of the application, and if so, status information for those applications

This is defined in 37 CFR 1.14(a)(2) and further elaborated in MPEP 102.

For provisional applications, the USPTO can provide the following information:

• Application number
• Filing date
• Whether the application is pending or abandoned
• Expiration date

It’s important to note that provisional applications are not published, so no additional information beyond these basic details is available to the public.

For pending or abandoned applications that have not been published, the Office may only confirm that an application has been filed, provide the application number and filing date, the inventorship information, the classification, and the group art unit assigned to the application. This limited information is available to the public to help avoid infringement of pending patent rights.

According to MPEP 102, for national stage applications or applications claiming the benefit of a published international application:

“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.”

To request this information, a copy of the first page of the published international application or the corresponding page of the PCT Gazette must be supplied with the status request to the International Patent Legal Administration.

For more information on international applications, visit: international applications.

For more information on status information, visit: status information.

Under MPEP 102, limited information about a pending application can be obtained, including:

• Application number
• Filing date
• Whether the application has been published
• Whether the application has been assigned
• Power of attorney
• Name of the examiner to whom the application is assigned
• Status of the application (e.g., pending, abandoned, or issued)
• Group art unit number
• Filing receipt information
• If available, projected publication date

However, access to the application file itself is restricted unless special circumstances apply or the application has been published.

USPTO personnel should use Patent Data Portal to determine the current location or status of an application. For Image File Wrapper (IFW) applications, no location is associated with the file.

As stated in MPEP 102: 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.

To obtain status information for a patent application, you can:

1. Check Patent Center or Private Patent Application Information Retrieval (PAIR) on the USPTO website at www.uspto.gov
2. 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, or visit their website

If the application has not been published but is pending or abandoned, the AAU will determine if the requester is authorized to receive status information based on their relationship to the application.

According to MPEP 102, when it is desired to determine the current location or status of an application, USPTO personnel should use Patent Data Portal. However, it’s important to note that:

“If the application is an Image File Wrapper (IFW) application, no location is associated with the file.”

For public inquiries about application status, the recommended methods are:

• Checking Patent Center or Private PAIR on the USPTO website
• Contacting the Application Assistance Unit (AAU) for pre-examination or post-examination processing applications
• Calling the Technology Center (TC) to which the application is assigned for information about replies or expected Office actions

The assignment of an application to a TC can be determined from Patent Data Portal.

For more information on USPTO Resources, visit: USPTO Resources.