Patent Law FAQ

Patent applications are generally kept confidential by the USPTO until they are published or granted. As stated in 35 U.S.C. 122(a):

“Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such special circumstances as may be determined by the Director.”

This confidentiality requirement applies to all USPTO employees handling patent applications.

35 U.S.C. 122 and 18 U.S.C. 2071 impose statutory requirements which cover the handling of patent applications and related documents. As explained in MPEP 101:

“35 U.S.C. 122 and 18 U.S.C. 2071 impose statutory requirements which cover the handling of patent applications and related documents. Suspension, removal, and even criminal penalties may be imposed for violations of these statutes.”

Therefore, USPTO employees must take proper care to maintain the confidentiality of applications and related papers.

Unauthorized disclosure of patent application information can result in severe penalties for USPTO employees. According to the MPEP:

“Suspension, removal, and even criminal penalties may be imposed for violations of these statutes.”

The relevant statutes include 35 U.S.C. 122 and 18 U.S.C. 2071. Additionally, 18 U.S.C. 2071 states that individuals who willfully and unlawfully conceal, remove, mutilate, or destroy official documents may be:

• Fined under this title
• Imprisoned for up to three years
• Disqualified from holding any office under the United States

These penalties underscore the critical importance of maintaining confidentiality in patent application handling.

According to MPEP 101, particular care must be taken when a caller requests the publication date or issue date assigned to a pending patent application:

“If the publication or issue date is later than the current date (i.e., the date of the request), such information may be given only to the applicant, an inventor, the assignee of record, or the attorney or agent of record.”

The identity and authority of the caller must be verified according to the procedures outlined in the MPEP before this information can be provided over the telephone.

While most patent application files are available for public inspection, there are several exceptions:

• Pending or abandoned applications that have not been published under 35 U.S.C. 122(b)
• Applications subject to a secrecy order
• Provisional applications
• Applications that have been terminated or denied and are no longer open to public inspection
• Interference files, until judgment is entered (subject to certain exceptions)
• Applications for extension of patent term and any related submissions
• Certain trade secret, proprietary, and protective order materials

These exceptions are in place to protect confidential information and maintain the integrity of the patent application process.

While most patent application files are available for public inspection, there are some exceptions:

• Pending or abandoned applications that have not been published
• Applications subject to secrecy orders
• Certain international applications
• Applications for which the United States is not a designated country
• Information that would violate personal privacy or proprietary rights

These exceptions help protect sensitive information and maintain confidentiality in specific cases.

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.”

The MPEP states:

All applications or papers, including non-patent literature, in the U.S. Patent and Trademark Office bearing words such as “Secret,” “Confidential,” “ITAR” or similar must be promptly referred to Licensing and Review for clarification or security treatment.

These papers cannot be placed in public records like patented files until the security markings are declassified or explained.

Unpublished patent applications are subject to confidentiality requirements under 35 U.S.C. 122(a). MPEP 405 addresses this in the context of interviews:

However, an interview concerning an application that has not been published under 35 U.S.C. 122(b) with an attorney or agent not of record who obtains authorization through use of the interview request form will be conducted based on the information and files supplied by the attorney or agent in view of the confidentiality requirements of 35 U.S.C. 122(a).

This means that for unpublished applications, the USPTO will only discuss information provided by the authorized attorney or agent to maintain confidentiality.

Unpublished patent applications are subject to confidentiality requirements under 35 U.S.C. 122(a). MPEP 405 addresses this in the context of interviews:

However, an interview concerning an application that has not been published under 35 U.S.C. 122(b) with an attorney or agent not of record who obtains authorization through use of the interview request form will be conducted based on the information and files supplied by the attorney or agent in view of the confidentiality requirements of 35 U.S.C. 122(a).

This means that for unpublished applications, the USPTO will only discuss information provided by the authorized attorney or agent to maintain confidentiality.

According to MPEP 101, particular care must be taken when a caller requests the publication date or issue date assigned to a pending patent application:

“If the publication or issue date is later than the current date (i.e., the date of the request), such information may be given only to the applicant, an inventor, the assignee of record, or the attorney or agent of record.”

The identity and authority of the caller must be verified according to the procedures outlined in the MPEP before this information can be provided over the telephone.

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.”

Patent applications are generally kept confidential by the USPTO until they are published or granted. As stated in 35 U.S.C. 122(a):

“Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such special circumstances as may be determined by the Director.”

This confidentiality requirement applies to all USPTO employees handling patent applications.

Unpublished patent applications are subject to confidentiality requirements under 35 U.S.C. 122(a). MPEP 405 addresses this in the context of interviews:

However, an interview concerning an application that has not been published under 35 U.S.C. 122(b) with an attorney or agent not of record who obtains authorization through use of the interview request form will be conducted based on the information and files supplied by the attorney or agent in view of the confidentiality requirements of 35 U.S.C. 122(a).

This means that for unpublished applications, the USPTO will only discuss information provided by the authorized attorney or agent to maintain confidentiality.

35 U.S.C. 122 and 18 U.S.C. 2071 impose statutory requirements which cover the handling of patent applications and related documents. As explained in MPEP 101:

“35 U.S.C. 122 and 18 U.S.C. 2071 impose statutory requirements which cover the handling of patent applications and related documents. Suspension, removal, and even criminal penalties may be imposed for violations of these statutes.”

Therefore, USPTO employees must take proper care to maintain the confidentiality of applications and related papers.

Unauthorized disclosure of patent application information can result in severe penalties for USPTO employees. According to the MPEP:

“Suspension, removal, and even criminal penalties may be imposed for violations of these statutes.”

The relevant statutes include 35 U.S.C. 122 and 18 U.S.C. 2071. Additionally, 18 U.S.C. 2071 states that individuals who willfully and unlawfully conceal, remove, mutilate, or destroy official documents may be:

• Fined under this title
• Imprisoned for up to three years
• Disqualified from holding any office under the United States

These penalties underscore the critical importance of maintaining confidentiality in patent application handling.

While most patent application files are available for public inspection, there are several exceptions:

• Pending or abandoned applications that have not been published under 35 U.S.C. 122(b)
• Applications subject to a secrecy order
• Provisional applications
• Applications that have been terminated or denied and are no longer open to public inspection
• Interference files, until judgment is entered (subject to certain exceptions)
• Applications for extension of patent term and any related submissions
• Certain trade secret, proprietary, and protective order materials

These exceptions are in place to protect confidential information and maintain the integrity of the patent application process.

While most patent application files are available for public inspection, there are some exceptions:

• Pending or abandoned applications that have not been published
• Applications subject to secrecy orders
• Certain international applications
• Applications for which the United States is not a designated country
• Information that would violate personal privacy or proprietary rights

These exceptions help protect sensitive information and maintain confidentiality in specific cases.

The MPEP states:

All applications or papers, including non-patent literature, in the U.S. Patent and Trademark Office bearing words such as “Secret,” “Confidential,” “ITAR” or similar must be promptly referred to Licensing and Review for clarification or security treatment.

These papers cannot be placed in public records like patented files until the security markings are declassified or explained.

Patent applications are generally kept confidential by the USPTO until they are published or granted. As stated in 35 U.S.C. 122(a):

“Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such special circumstances as may be determined by the Director.”

This confidentiality requirement applies to all USPTO employees handling patent applications.

Unpublished patent applications are subject to confidentiality requirements under 35 U.S.C. 122(a). MPEP 405 addresses this in the context of interviews:

However, an interview concerning an application that has not been published under 35 U.S.C. 122(b) with an attorney or agent not of record who obtains authorization through use of the interview request form will be conducted based on the information and files supplied by the attorney or agent in view of the confidentiality requirements of 35 U.S.C. 122(a).

This means that for unpublished applications, the USPTO will only discuss information provided by the authorized attorney or agent to maintain confidentiality.

Unauthorized disclosure of patent application information can result in severe penalties for USPTO employees. According to the MPEP:

“Suspension, removal, and even criminal penalties may be imposed for violations of these statutes.”

The relevant statutes include 35 U.S.C. 122 and 18 U.S.C. 2071. Additionally, 18 U.S.C. 2071 states that individuals who willfully and unlawfully conceal, remove, mutilate, or destroy official documents may be:

• Fined under this title
• Imprisoned for up to three years
• Disqualified from holding any office under the United States

These penalties underscore the critical importance of maintaining confidentiality in patent application handling.

While most patent application files are available for public inspection, there are several exceptions:

• Pending or abandoned applications that have not been published under 35 U.S.C. 122(b)
• Applications subject to a secrecy order
• Provisional applications
• Applications that have been terminated or denied and are no longer open to public inspection
• Interference files, until judgment is entered (subject to certain exceptions)
• Applications for extension of patent term and any related submissions
• Certain trade secret, proprietary, and protective order materials

These exceptions are in place to protect confidential information and maintain the integrity of the patent application process.

While most patent application files are available for public inspection, there are some exceptions:

• Pending or abandoned applications that have not been published
• Applications subject to secrecy orders
• Certain international applications
• Applications for which the United States is not a designated country
• Information that would violate personal privacy or proprietary rights

These exceptions help protect sensitive information and maintain confidentiality in specific cases.