Patent Law FAQ

The USPTO has specific rules for making international application files available to the public. According to MPEP 110, which cites 37 CFR 1.14(g), After publication of an application under 35 U.S.C. 122(b), the USPTO will make available copies of the application files and also allow for access to those files in accordance with 37 CFR 1.14(a). Specifically for international applications, after publication of an international application designating the U.S. under PCT Article 21, the USPTO will make available copies of, and allow access to, those international application files which are kept in the USPTO. However, this access is subject to certain conditions and restrictions, such as the payment of appropriate fees and the exclusion of certain documents like the Examination Copy.

For more information on public access, visit: public access.

For more information on USPTO, visit: USPTO.

Third parties cannot access an international patent application until the earliest of:

• The international publication date
• Date of receipt of the communication of the application under PCT Article 20
• Date of receipt of a copy of the application under PCT Article 22

This is specified in PCT Article 30(2)(a):

“No national Office shall allow access to the international application by third parties, unless requested or authorized by the applicant, before the earliest of the following dates: (i) date of the international publication of the international application, (ii) date of receipt of the communication of the international application under Article 20, (iii) date of receipt of a copy of the international application under Article 22.”

National offices have specific restrictions on allowing access to international patent applications. According to MPEP 110, which cites PCT Article 30(2)(a), No national Office shall allow access to the international application by third parties unless requested or authorized by the applicant, before the earliest of the following dates:

• Date of international publication
• Date of receipt of the communication under PCT Article 20
• Date of receipt of a copy under PCT Article 22

This provision ensures that the confidentiality of the application is maintained until certain milestones in the patent process are reached.

International patent applications are kept confidential before their international publication, as specified in MPEP 110. According to PCT Article 30, the International Bureau and the International Searching Authorities shall not allow access by any person or authority to the international application before the international publication of that application, unless requested or authorized by the applicant. This confidentiality ensures that inventors’ rights are protected during the early stages of the patent process.

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

International patent applications filed under the PCT are generally kept confidential and not made publicly available before international publication, which occurs soon after the expiration of 18 months from the priority date, according to PCT Article 21(2)(a). The International Bureau and International Searching Authorities are not allowed to give access to the application to any person or authority before publication unless requested or authorized by the applicant, with some exceptions.

As stated in MPEP 110:

“Although most international applications are published soon after the expiration of 18 months from the priority date, PCT Article 21(2)(a), such publication does not open up the Home Copy or Search Copy to the public for inspection, except as provided in 37 CFR 1.14(g).”

While national offices are generally restricted from allowing access to international patent applications, they can disclose limited information. According to MPEP 110, which cites PCT Article 30(2)(b), national offices may inform third parties that they have been designated and publish this fact. However, such information or publication is limited to:

• Identification of the receiving Office
• Name of the applicant
• International filing date
• International application number
• Title of the invention

This provision allows for some transparency in the patent process while still maintaining the confidentiality of the application’s details.

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

The United States Patent and Trademark Office (USPTO) has specific procedures for maintaining the confidentiality of international applications filed in the U.S. According to MPEP 110, which references 35 U.S.C. 368, International applications filed in the Patent and Trademark Office shall be subject to the provisions of chapter 17. This means that such applications are subject to the same secrecy provisions as regular U.S. patent applications. Additionally, If a license to file in a foreign country is refused or if an international application is ordered to be kept secret and a permit refused, the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or International Preliminary Examining Authority, may not disclose the contents of such application to anyone not authorized to receive such disclosure. This ensures that sensitive information in international applications is protected in accordance with U.S. law.

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

For more information on USPTO, visit: USPTO.

A national patent office may inform third parties that it has been designated in an international application and publish that fact. However, the publication can only contain limited bibliographic data, as specified in PCT Article 30(2)(b):

“Such information or publication may, however, contain only the following data: identification of the receiving Office, name of the applicant, international filing date, international application number, and title of the invention.”

The national office still cannot allow third parties to access the full application until the conditions outlined in PCT Article 30(2)(a) are met.

The USPTO has specific rules for making international application files available to the public. According to MPEP 110, which cites 37 CFR 1.14(g), After publication of an application under 35 U.S.C. 122(b), the USPTO will make available copies of the application files and also allow for access to those files in accordance with 37 CFR 1.14(a). Specifically for international applications, after publication of an international application designating the U.S. under PCT Article 21, the USPTO will make available copies of, and allow access to, those international application files which are kept in the USPTO. However, this access is subject to certain conditions and restrictions, such as the payment of appropriate fees and the exclusion of certain documents like the Examination Copy.

For more information on public access, visit: public access.

For more information on USPTO, visit: USPTO.

Third parties cannot access an international patent application until the earliest of:

• The international publication date
• Date of receipt of the communication of the application under PCT Article 20
• Date of receipt of a copy of the application under PCT Article 22

This is specified in PCT Article 30(2)(a):

“No national Office shall allow access to the international application by third parties, unless requested or authorized by the applicant, before the earliest of the following dates: (i) date of the international publication of the international application, (ii) date of receipt of the communication of the international application under Article 20, (iii) date of receipt of a copy of the international application under Article 22.”

National offices have specific restrictions on allowing access to international patent applications. According to MPEP 110, which cites PCT Article 30(2)(a), No national Office shall allow access to the international application by third parties unless requested or authorized by the applicant, before the earliest of the following dates:

• Date of international publication
• Date of receipt of the communication under PCT Article 20
• Date of receipt of a copy under PCT Article 22

This provision ensures that the confidentiality of the application is maintained until certain milestones in the patent process are reached.

International patent applications are kept confidential before their international publication, as specified in MPEP 110. According to PCT Article 30, the International Bureau and the International Searching Authorities shall not allow access by any person or authority to the international application before the international publication of that application, unless requested or authorized by the applicant. This confidentiality ensures that inventors’ rights are protected during the early stages of the patent process.

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

International patent applications filed under the PCT are generally kept confidential and not made publicly available before international publication, which occurs soon after the expiration of 18 months from the priority date, according to PCT Article 21(2)(a). The International Bureau and International Searching Authorities are not allowed to give access to the application to any person or authority before publication unless requested or authorized by the applicant, with some exceptions.

As stated in MPEP 110:

“Although most international applications are published soon after the expiration of 18 months from the priority date, PCT Article 21(2)(a), such publication does not open up the Home Copy or Search Copy to the public for inspection, except as provided in 37 CFR 1.14(g).”

While national offices are generally restricted from allowing access to international patent applications, they can disclose limited information. According to MPEP 110, which cites PCT Article 30(2)(b), national offices may inform third parties that they have been designated and publish this fact. However, such information or publication is limited to:

• Identification of the receiving Office
• Name of the applicant
• International filing date
• International application number
• Title of the invention

This provision allows for some transparency in the patent process while still maintaining the confidentiality of the application’s details.

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

The United States Patent and Trademark Office (USPTO) has specific procedures for maintaining the confidentiality of international applications filed in the U.S. According to MPEP 110, which references 35 U.S.C. 368, International applications filed in the Patent and Trademark Office shall be subject to the provisions of chapter 17. This means that such applications are subject to the same secrecy provisions as regular U.S. patent applications. Additionally, If a license to file in a foreign country is refused or if an international application is ordered to be kept secret and a permit refused, the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or International Preliminary Examining Authority, may not disclose the contents of such application to anyone not authorized to receive such disclosure. This ensures that sensitive information in international applications is protected in accordance with U.S. law.

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

For more information on USPTO, visit: USPTO.

A national patent office may inform third parties that it has been designated in an international application and publish that fact. However, the publication can only contain limited bibliographic data, as specified in PCT Article 30(2)(b):

“Such information or publication may, however, contain only the following data: identification of the receiving Office, name of the applicant, international filing date, international application number, and title of the invention.”

The national office still cannot allow third parties to access the full application until the conditions outlined in PCT Article 30(2)(a) are met.

The USPTO has specific rules for making international application files available to the public. According to MPEP 110, which cites 37 CFR 1.14(g), After publication of an application under 35 U.S.C. 122(b), the USPTO will make available copies of the application files and also allow for access to those files in accordance with 37 CFR 1.14(a). Specifically for international applications, after publication of an international application designating the U.S. under PCT Article 21, the USPTO will make available copies of, and allow access to, those international application files which are kept in the USPTO. However, this access is subject to certain conditions and restrictions, such as the payment of appropriate fees and the exclusion of certain documents like the Examination Copy.

For more information on public access, visit: public access.

For more information on USPTO, visit: USPTO.

National offices have specific restrictions on allowing access to international patent applications. According to MPEP 110, which cites PCT Article 30(2)(a), No national Office shall allow access to the international application by third parties unless requested or authorized by the applicant, before the earliest of the following dates:

• Date of international publication
• Date of receipt of the communication under PCT Article 20
• Date of receipt of a copy under PCT Article 22

This provision ensures that the confidentiality of the application is maintained until certain milestones in the patent process are reached.

International patent applications are kept confidential before their international publication, as specified in MPEP 110. According to PCT Article 30, the International Bureau and the International Searching Authorities shall not allow access by any person or authority to the international application before the international publication of that application, unless requested or authorized by the applicant. This confidentiality ensures that inventors’ rights are protected during the early stages of the patent process.

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

While national offices are generally restricted from allowing access to international patent applications, they can disclose limited information. According to MPEP 110, which cites PCT Article 30(2)(b), national offices may inform third parties that they have been designated and publish this fact. However, such information or publication is limited to:

• Identification of the receiving Office
• Name of the applicant
• International filing date
• International application number
• Title of the invention

This provision allows for some transparency in the patent process while still maintaining the confidentiality of the application’s details.

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

The United States Patent and Trademark Office (USPTO) has specific procedures for maintaining the confidentiality of international applications filed in the U.S. According to MPEP 110, which references 35 U.S.C. 368, International applications filed in the Patent and Trademark Office shall be subject to the provisions of chapter 17. This means that such applications are subject to the same secrecy provisions as regular U.S. patent applications. Additionally, If a license to file in a foreign country is refused or if an international application is ordered to be kept secret and a permit refused, the Patent and Trademark Office when acting as a Receiving Office, International Searching Authority, or International Preliminary Examining Authority, may not disclose the contents of such application to anyone not authorized to receive such disclosure. This ensures that sensitive information in international applications is protected in accordance with U.S. law.

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

For more information on USPTO, visit: USPTO.