Patent Law FAQ

MPEP 101 specifies the following procedure that should be followed before giving any information about an unpublished pending or abandoned patent application over the telephone:

1. Obtain the caller’s full name, the application number, and the caller’s telephone number. Ask if there is an attorney or agent of record.
2. Verify the identity of the caller and their authority to receive information.
3. For a practitioner of record, check their registration number in Patent Data Portal. Only call back a practitioner at the number listed in Patent Data Portal.
4. For an inventor, applicant, or assignee, check the correspondence address in Patent Data Portal and call back at the number provided if it matches.
5. If identity and authority cannot be verified, inform the caller that no information can be provided.

MPEP 101 explains that USPTO employees must take specific measures to ensure the confidentiality of patent applications:

• No part of any application or related paper should be reproduced or copied except for official purposes.
• Application files must not be displayed or handled in a manner that would allow unauthorized persons to inspect them.
• For non-electronic files removed from their storage area, a charge must be promptly made in the tracking system.
• Physical files must be stored properly, not in unsecured locations like desk drawers.
• Interoffice mail related to applications must be sent in appropriate envelopes.

Access to assignment records for unpublished patent applications is restricted. The MPEP states:

“For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.”

To access these records, you must have written authority from one of the following:

• An inventor
• The applicant
• The assignee or an assignee of an undivided part interest
• A patent practitioner of record
• A person with written authority from any of the above

Alternatively, you must show that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application.

Access to assignment records for unpublished patent applications is restricted. The MPEP states:

“For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.”

To access these records, you must have written authority from one of the following:

• An inventor
• The applicant
• The assignee or an assignee of an undivided part interest
• A patent practitioner of record
• A person with written authority from any of the above

Alternatively, you must show that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application.

MPEP 101 specifies the following procedure that should be followed before giving any information about an unpublished pending or abandoned patent application over the telephone:

1. Obtain the caller’s full name, the application number, and the caller’s telephone number. Ask if there is an attorney or agent of record.
2. Verify the identity of the caller and their authority to receive information.
3. For a practitioner of record, check their registration number in Patent Data Portal. Only call back a practitioner at the number listed in Patent Data Portal.
4. For an inventor, applicant, or assignee, check the correspondence address in Patent Data Portal and call back at the number provided if it matches.
5. If identity and authority cannot be verified, inform the caller that no information can be provided.

MPEP 101 explains that USPTO employees must take specific measures to ensure the confidentiality of patent applications:

• No part of any application or related paper should be reproduced or copied except for official purposes.
• Application files must not be displayed or handled in a manner that would allow unauthorized persons to inspect them.
• For non-electronic files removed from their storage area, a charge must be promptly made in the tracking system.
• Physical files must be stored properly, not in unsecured locations like desk drawers.
• Interoffice mail related to applications must be sent in appropriate envelopes.

Access to assignment records for unpublished patent applications is restricted. The MPEP states:

“For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.”

To access these records, you must have written authority from one of the following:

• An inventor
• The applicant
• The assignee or an assignee of an undivided part interest
• A patent practitioner of record
• A person with written authority from any of the above

Alternatively, you must show that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application.

Access to assignment records for unpublished patent applications is restricted. The MPEP states:

“For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.”

To access these records, you must have written authority from one of the following:

• An inventor
• The applicant
• The assignee or an assignee of an undivided part interest
• A patent practitioner of record
• A person with written authority from any of the above

Alternatively, you must show that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application.