Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 103-Right of Public To Inspect Patent Files and Some Application Files (1)
If a patent application has been published pursuant to 35 U.S.C. 122(b), then a copy of the specification, drawings, and all papers relating to the file of that published application (whether abandoned or pending) may be provided to any person upon written request and payment of the fee set forth in 37 CFR 1.19(b). See 37 CFR 1.14(a)(1)(ii) and (iii).
Published applications maintained in the Image File Wrapper (IFW) system are available on the USPTO website in Patent Center.
MPEP 104-Power to Inspect Application (1)
For applications filed on or after September 16, 2012, the following parties can provide written authority to grant access to inspect a pending or abandoned application kept in confidence under 35 U.S.C. 122(a), except as provided in 37 CFR 1.11, 1.14, 41.6, or 42.412:
- The applicant
- A patent practitioner of record
- The assignee or an assignee of an undivided part interest
- The inventor or a joint inventor
Patent Law (2)
For applications filed on or after September 16, 2012, the following parties can provide written authority to grant access to inspect a pending or abandoned application kept in confidence under 35 U.S.C. 122(a), except as provided in 37 CFR 1.11, 1.14, 41.6, or 42.412:
- The applicant
- A patent practitioner of record
- The assignee or an assignee of an undivided part interest
- The inventor or a joint inventor
If a patent application has been published pursuant to 35 U.S.C. 122(b), then a copy of the specification, drawings, and all papers relating to the file of that published application (whether abandoned or pending) may be provided to any person upon written request and payment of the fee set forth in 37 CFR 1.19(b). See 37 CFR 1.14(a)(1)(ii) and (iii).
Published applications maintained in the Image File Wrapper (IFW) system are available on the USPTO website in Patent Center.