Patent Law FAQ

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.

Certain information about patent applications is publicly available, even if the full application is not. According to 37 CFR 1.14(a)(1)(ii) and (iii), for published applications, the following information may be communicated without a petition for access:

• Whether the application is pending, abandoned, or patented
• Whether the application has been published under 35 U.S.C. 122(b)
• The application “numerical identifier” (application number or serial number plus filing date)
• Whether another application claims the benefit of the application

For published applications, “A copy of the application-as-filed, the file contents of the application, or a specific document in the file of a pending published application may be provided to any person upon request and payment of the appropriate fee set forth in §1.19(b).”

However, for unpublished applications, this information is generally not available to the public unless the application is identified or relied upon in a patent document or other published application.

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

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

Filing a Continued Prosecution Application (CPA) has implications for the confidentiality of the application. As stated in the MPEP:

A CPA is construed to include a waiver of confidentiality by the applicant under 35 U.S.C. 122 to the extent that any member of the public who is entitled under the provisions of 37 CFR 1.14 to obtain access to, copies of, or information concerning either the prior application or any continuing application filed under the provisions of 37 CFR 1.53(d) may be given similar access to, copies of, or similar information concerning, the other application(s) in the application file.

This means:

• The CPA is treated as a waiver of confidentiality for the prior application
• Members of the public who have access to the CPA may also be given access to the prior application
• This applies to all applications in the chain of CPAs

Applicants should consider this loss of confidentiality when deciding whether to file a CPA or a new application under 37 CFR 1.53(b).

For more information on Patent application access, visit: Patent application access.

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

Filing a Continued Prosecution Application (CPA) has implications for the confidentiality of the application. As stated in the MPEP:

A CPA is construed to include a waiver of confidentiality by the applicant under 35 U.S.C. 122 to the extent that any member of the public who is entitled under the provisions of 37 CFR 1.14 to obtain access to, copies of, or information concerning either the prior application or any continuing application filed under the provisions of 37 CFR 1.53(d) may be given similar access to, copies of, or similar information concerning, the other application(s) in the application file.

This means:

• The CPA is treated as a waiver of confidentiality for the prior application
• Members of the public who have access to the CPA may also be given access to the prior application
• This applies to all applications in the chain of CPAs

Applicants should consider this loss of confidentiality when deciding whether to file a CPA or a new application under 37 CFR 1.53(b).

For more information on Patent application access, visit: Patent application access.

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

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.

Certain information about patent applications is publicly available, even if the full application is not. According to 37 CFR 1.14(a)(1)(ii) and (iii), for published applications, the following information may be communicated without a petition for access:

• Whether the application is pending, abandoned, or patented
• Whether the application has been published under 35 U.S.C. 122(b)
• The application “numerical identifier” (application number or serial number plus filing date)
• Whether another application claims the benefit of the application

For published applications, “A copy of the application-as-filed, the file contents of the application, or a specific document in the file of a pending published application may be provided to any person upon request and payment of the appropriate fee set forth in §1.19(b).”

However, for unpublished applications, this information is generally not available to the public unless the application is identified or relied upon in a patent document or other published application.

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

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

Filing a Continued Prosecution Application (CPA) has implications for the confidentiality of the application. As stated in the MPEP:

A CPA is construed to include a waiver of confidentiality by the applicant under 35 U.S.C. 122 to the extent that any member of the public who is entitled under the provisions of 37 CFR 1.14 to obtain access to, copies of, or information concerning either the prior application or any continuing application filed under the provisions of 37 CFR 1.53(d) may be given similar access to, copies of, or similar information concerning, the other application(s) in the application file.

This means:

• The CPA is treated as a waiver of confidentiality for the prior application
• Members of the public who have access to the CPA may also be given access to the prior application
• This applies to all applications in the chain of CPAs

Applicants should consider this loss of confidentiality when deciding whether to file a CPA or a new application under 37 CFR 1.53(b).

For more information on Patent application access, visit: Patent application access.

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

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.

Certain information about patent applications is publicly available, even if the full application is not. According to 37 CFR 1.14(a)(1)(ii) and (iii), for published applications, the following information may be communicated without a petition for access:

• Whether the application is pending, abandoned, or patented
• Whether the application has been published under 35 U.S.C. 122(b)
• The application “numerical identifier” (application number or serial number plus filing date)
• Whether another application claims the benefit of the application

For published applications, “A copy of the application-as-filed, the file contents of the application, or a specific document in the file of a pending published application may be provided to any person upon request and payment of the appropriate fee set forth in §1.19(b).”

However, for unpublished applications, this information is generally not available to the public unless the application is identified or relied upon in a patent document or other published application.

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

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

Filing a Continued Prosecution Application (CPA) has implications for the confidentiality of the application. As stated in the MPEP:

A CPA is construed to include a waiver of confidentiality by the applicant under 35 U.S.C. 122 to the extent that any member of the public who is entitled under the provisions of 37 CFR 1.14 to obtain access to, copies of, or information concerning either the prior application or any continuing application filed under the provisions of 37 CFR 1.53(d) may be given similar access to, copies of, or similar information concerning, the other application(s) in the application file.

This means:

• The CPA is treated as a waiver of confidentiality for the prior application
• Members of the public who have access to the CPA may also be given access to the prior application
• This applies to all applications in the chain of CPAs

Applicants should consider this loss of confidentiality when deciding whether to file a CPA or a new application under 37 CFR 1.53(b).

For more information on Patent application access, visit: Patent application access.

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