Patent Law FAQ

According to 37 CFR 1.11(a), the following patent application files are open to public inspection:

• Published applications
• Patents
• Statutory invention registrations

The public can obtain copies of these files upon payment of the fee set forth in 37 CFR 1.19(b)(2). However, if an application was published in redacted form, the complete file may not be available if certain requirements are met and the application is still pending.

Information about reexamination proceedings is made available to the public in several ways:

1. Announcement in the Official Gazette:
   • The filing of each request for reexamination (where the full fee has been paid) is announced
   • Reexaminations ordered at the Director’s initiative are also announced
2. Public inspection of reexamination files:
   • Once scanned into the Image File Wrapper (IFW) system, reexamination files are open to public inspection
   • Files can be accessed through Patent Center on the USPTO website
   • The entire contents of the reexamination file are viewable, except for non-patent literature

Direct quote: ‘All requests for reexamination for which all the requirements of § 1.510 or § 1.915 have been satisfied will be announced in the Official Gazette. Any reexaminations at the initiative of the Director pursuant to § 1.520 will also be announced in the Official Gazette.’ (37 CFR 1.11(c))

Note that a reexamination file is typically not open to inspection until it has been scanned into the IFW system.

Reissue application files have specific access rules as outlined in MPEP 103:

‘All reissue applications, both pending and abandoned, are open to public inspection and copying.’

This means that:

• Anyone can access reissue application files
• No special permission is required
• Both pending and abandoned reissue applications are available

However, if the reissue application contains a request for continued examination (RCE) filed on or after March 16, 2013, access to the file may be restricted until publication.

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

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

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.

Reissue application files are generally open to public inspection. According to 37 CFR 1.11(b):

• Reissue applications are open to inspection by the general public
• The filing of reissue applications (except for continued prosecution applications under 37 CFR 1.53(d)) is announced in the Official Gazette
• The announcement includes details such as filing date, reissue application and original patent numbers, title, inventor name, and examining group

For Image File Wrapper (IFW) reissue applications:

• Files are open to inspection by the general public through Patent Center via the USPTO website
• Members of the public can view the entire content of the reissue application file history online

Direct quote: ‘All reissue applications, all applications in which the Office has accepted a request to open the complete application to inspection by the public, and related papers in the application file, are open to inspection by the public, and copies may be furnished upon paying the fee therefor.’ (37 CFR 1.11(b))

Access to international application files at the USPTO is governed by specific rules. According to MPEP 103:

‘International applications that designate the U.S. and have been published in accordance with PCT Article 21(2) are generally open to public inspection and copying.’

This means:

• Published international applications designating the U.S. are accessible
• Access is available after the application’s international publication
• Unpublished international applications are not open to public inspection

To access these files, you can use the USPTO’s Public PAIR system or visit the USPTO’s Public Search Facility.

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

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

The USPTO verifies an assignee’s right to inspect a patent application through documentation. As per MPEP 106.01, the assignee must provide either a copy of the assignment recorded in the USPTO or other evidence of ownership. This documentation is necessary to establish the assignee’s legal right to access the confidential information contained in the patent application.

The handling of assignment records for related patent applications, such as divisional, continuation, or continuation-in-part applications, is addressed in MPEP 301.01. The key point is:

If the application on which a patent was granted is a division, continuation, or continuation-in-part of an earlier application, the assignment records of that earlier application will be open to public inspection because copies or access may be supplied to the earlier application pursuant to 37 CFR 1.14.

This policy has several implications:

• Once a patent is granted on a related application, the assignment records of the parent application become publicly accessible.
• This applies even if the parent application was previously unpublished or abandoned.
• The public accessibility extends to all assignment records in the chain of related applications leading to the granted patent.

This approach ensures transparency in the ownership history of patented inventions, allowing interested parties to trace the chain of title through related applications. It’s important for applicants and assignees to be aware of this when considering their IP strategy and the potential disclosure of ownership information for related applications.

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

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

Assignment records for reissue applications are treated differently from regular patent applications due to their public nature. According to MPEP 301.01:

Assignment records relating to reissue applications are open to public inspection because reissue applications are open to public inspection pursuant to 37 CFR 1.11(b).

This means that once a reissue application is filed, its assignment records become publicly accessible, regardless of whether the original patent’s assignment records were previously confidential. This is because reissue applications are, by nature, related to already-issued patents and are subject to different rules regarding public disclosure.

The public accessibility of reissue application assignment records aligns with the general principle of transparency in the patent system, allowing interested parties to track ownership changes even during the reissue process. This can be particularly important for those monitoring patent rights in specific technological areas or for potential licensees or purchasers of patent rights.

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

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

The USPTO does not grant partial access to assignment documents. According to MPEP 301.01:

The Office will not open only certain parts of an assignment document to public inspection. If such a document contains two or more items, any one of which, if alone, would be open to such inspection, then the entire document will be open.

This policy ensures transparency and prevents selective disclosure of information. It’s important to note that this approach can have implications for documents that contain both public and potentially confidential information. For example:

• If a document covers both a trademark and a patent application, the entire document becomes public.
• If a document covers multiple patent applications, it becomes public as soon as any one of the applications is published or patented.

This policy underscores the importance of carefully considering what information is included in assignment documents, particularly when dealing with a mix of public and non-public intellectual property rights.

For more information on assignment documents, visit: assignment documents.

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

For more information on USPTO policy, visit: USPTO policy.

No, the USPTO does not allow partial access to patent assignment documents. According to MPEP 301.01:

“The Office will not open only certain parts of an assignment document to public inspection. If such a document contains two or more items, any one of which, if alone, would be open to such inspection, then the entire document will be open.”

This means:

• If a document covers both a trademark and a patent, it will be entirely available to the public from the beginning.
• If it covers multiple patent applications, it becomes publicly available as soon as any one of them is published or patented.

The policy ensures transparency and consistency in the handling of assignment documents.

To learn more:

• assignment documents
• public inspection
• partial access
• USPTO policy

The handling of assignment records for related patent applications, such as divisional, continuation, or continuation-in-part applications, is addressed in MPEP 301.01. The key point is:

If the application on which a patent was granted is a division, continuation, or continuation-in-part of an earlier application, the assignment records of that earlier application will be open to public inspection because copies or access may be supplied to the earlier application pursuant to 37 CFR 1.14.

This policy has several implications:

• Once a patent is granted on a related application, the assignment records of the parent application become publicly accessible.
• This applies even if the parent application was previously unpublished or abandoned.
• The public accessibility extends to all assignment records in the chain of related applications leading to the granted patent.

This approach ensures transparency in the ownership history of patented inventions, allowing interested parties to trace the chain of title through related applications. It’s important for applicants and assignees to be aware of this when considering their IP strategy and the potential disclosure of ownership information for related applications.

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

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

Assignment records for reissue applications are treated differently from regular patent applications due to their public nature. According to MPEP 301.01:

Assignment records relating to reissue applications are open to public inspection because reissue applications are open to public inspection pursuant to 37 CFR 1.11(b).

This means that once a reissue application is filed, its assignment records become publicly accessible, regardless of whether the original patent’s assignment records were previously confidential. This is because reissue applications are, by nature, related to already-issued patents and are subject to different rules regarding public disclosure.

The public accessibility of reissue application assignment records aligns with the general principle of transparency in the patent system, allowing interested parties to track ownership changes even during the reissue process. This can be particularly important for those monitoring patent rights in specific technological areas or for potential licensees or purchasers of patent rights.

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

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

The USPTO does not grant partial access to assignment documents. According to MPEP 301.01:

The Office will not open only certain parts of an assignment document to public inspection. If such a document contains two or more items, any one of which, if alone, would be open to such inspection, then the entire document will be open.

This policy ensures transparency and prevents selective disclosure of information. It’s important to note that this approach can have implications for documents that contain both public and potentially confidential information. For example:

• If a document covers both a trademark and a patent application, the entire document becomes public.
• If a document covers multiple patent applications, it becomes public as soon as any one of the applications is published or patented.

This policy underscores the importance of carefully considering what information is included in assignment documents, particularly when dealing with a mix of public and non-public intellectual property rights.

For more information on assignment documents, visit: assignment documents.

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

For more information on USPTO policy, visit: USPTO policy.

According to 37 CFR 1.11(a), the following patent application files are open to public inspection:

• Published applications
• Patents
• Statutory invention registrations

The public can obtain copies of these files upon payment of the fee set forth in 37 CFR 1.19(b)(2). However, if an application was published in redacted form, the complete file may not be available if certain requirements are met and the application is still pending.

Information about reexamination proceedings is made available to the public in several ways:

1. Announcement in the Official Gazette:
   • The filing of each request for reexamination (where the full fee has been paid) is announced
   • Reexaminations ordered at the Director’s initiative are also announced
2. Public inspection of reexamination files:
   • Once scanned into the Image File Wrapper (IFW) system, reexamination files are open to public inspection
   • Files can be accessed through Patent Center on the USPTO website
   • The entire contents of the reexamination file are viewable, except for non-patent literature

Direct quote: ‘All requests for reexamination for which all the requirements of § 1.510 or § 1.915 have been satisfied will be announced in the Official Gazette. Any reexaminations at the initiative of the Director pursuant to § 1.520 will also be announced in the Official Gazette.’ (37 CFR 1.11(c))

Note that a reexamination file is typically not open to inspection until it has been scanned into the IFW system.

Reissue application files have specific access rules as outlined in MPEP 103:

‘All reissue applications, both pending and abandoned, are open to public inspection and copying.’

This means that:

• Anyone can access reissue application files
• No special permission is required
• Both pending and abandoned reissue applications are available

However, if the reissue application contains a request for continued examination (RCE) filed on or after March 16, 2013, access to the file may be restricted until publication.

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

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

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.

The USPTO verifies an assignee’s right to inspect a patent application through documentation. As per MPEP 106.01, the assignee must provide either a copy of the assignment recorded in the USPTO or other evidence of ownership. This documentation is necessary to establish the assignee’s legal right to access the confidential information contained in the patent application.

Reissue application files are generally open to public inspection. According to 37 CFR 1.11(b):

• Reissue applications are open to inspection by the general public
• The filing of reissue applications (except for continued prosecution applications under 37 CFR 1.53(d)) is announced in the Official Gazette
• The announcement includes details such as filing date, reissue application and original patent numbers, title, inventor name, and examining group

For Image File Wrapper (IFW) reissue applications:

• Files are open to inspection by the general public through Patent Center via the USPTO website
• Members of the public can view the entire content of the reissue application file history online

Direct quote: ‘All reissue applications, all applications in which the Office has accepted a request to open the complete application to inspection by the public, and related papers in the application file, are open to inspection by the public, and copies may be furnished upon paying the fee therefor.’ (37 CFR 1.11(b))

The handling of assignment records for related patent applications, such as divisional, continuation, or continuation-in-part applications, is addressed in MPEP 301.01. The key point is:

If the application on which a patent was granted is a division, continuation, or continuation-in-part of an earlier application, the assignment records of that earlier application will be open to public inspection because copies or access may be supplied to the earlier application pursuant to 37 CFR 1.14.

This policy has several implications:

• Once a patent is granted on a related application, the assignment records of the parent application become publicly accessible.
• This applies even if the parent application was previously unpublished or abandoned.
• The public accessibility extends to all assignment records in the chain of related applications leading to the granted patent.

This approach ensures transparency in the ownership history of patented inventions, allowing interested parties to trace the chain of title through related applications. It’s important for applicants and assignees to be aware of this when considering their IP strategy and the potential disclosure of ownership information for related applications.

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

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

Assignment records for reissue applications are treated differently from regular patent applications due to their public nature. According to MPEP 301.01:

Assignment records relating to reissue applications are open to public inspection because reissue applications are open to public inspection pursuant to 37 CFR 1.11(b).

This means that once a reissue application is filed, its assignment records become publicly accessible, regardless of whether the original patent’s assignment records were previously confidential. This is because reissue applications are, by nature, related to already-issued patents and are subject to different rules regarding public disclosure.

The public accessibility of reissue application assignment records aligns with the general principle of transparency in the patent system, allowing interested parties to track ownership changes even during the reissue process. This can be particularly important for those monitoring patent rights in specific technological areas or for potential licensees or purchasers of patent rights.

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

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

The USPTO does not grant partial access to assignment documents. According to MPEP 301.01:

The Office will not open only certain parts of an assignment document to public inspection. If such a document contains two or more items, any one of which, if alone, would be open to such inspection, then the entire document will be open.

This policy ensures transparency and prevents selective disclosure of information. It’s important to note that this approach can have implications for documents that contain both public and potentially confidential information. For example:

• If a document covers both a trademark and a patent application, the entire document becomes public.
• If a document covers multiple patent applications, it becomes public as soon as any one of the applications is published or patented.

This policy underscores the importance of carefully considering what information is included in assignment documents, particularly when dealing with a mix of public and non-public intellectual property rights.

For more information on assignment documents, visit: assignment documents.

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

For more information on USPTO policy, visit: USPTO policy.

No, the USPTO does not allow partial access to patent assignment documents. According to MPEP 301.01:

“The Office will not open only certain parts of an assignment document to public inspection. If such a document contains two or more items, any one of which, if alone, would be open to such inspection, then the entire document will be open.”

This means:

• If a document covers both a trademark and a patent, it will be entirely available to the public from the beginning.
• If it covers multiple patent applications, it becomes publicly available as soon as any one of them is published or patented.

The policy ensures transparency and consistency in the handling of assignment documents.

To learn more:

• assignment documents
• public inspection
• partial access
• USPTO policy

Access to international application files at the USPTO is governed by specific rules. According to MPEP 103:

‘International applications that designate the U.S. and have been published in accordance with PCT Article 21(2) are generally open to public inspection and copying.’

This means:

• Published international applications designating the U.S. are accessible
• Access is available after the application’s international publication
• Unpublished international applications are not open to public inspection

To access these files, you can use the USPTO’s Public PAIR system or visit the USPTO’s Public Search Facility.

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

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

According to 37 CFR 1.11(a), the following patent application files are open to public inspection:

• Published applications
• Patents
• Statutory invention registrations

The public can obtain copies of these files upon payment of the fee set forth in 37 CFR 1.19(b)(2). However, if an application was published in redacted form, the complete file may not be available if certain requirements are met and the application is still pending.

Information about reexamination proceedings is made available to the public in several ways:

1. Announcement in the Official Gazette:
   • The filing of each request for reexamination (where the full fee has been paid) is announced
   • Reexaminations ordered at the Director’s initiative are also announced
2. Public inspection of reexamination files:
   • Once scanned into the Image File Wrapper (IFW) system, reexamination files are open to public inspection
   • Files can be accessed through Patent Center on the USPTO website
   • The entire contents of the reexamination file are viewable, except for non-patent literature

Direct quote: ‘All requests for reexamination for which all the requirements of § 1.510 or § 1.915 have been satisfied will be announced in the Official Gazette. Any reexaminations at the initiative of the Director pursuant to § 1.520 will also be announced in the Official Gazette.’ (37 CFR 1.11(c))

Note that a reexamination file is typically not open to inspection until it has been scanned into the IFW system.

Reissue application files have specific access rules as outlined in MPEP 103:

‘All reissue applications, both pending and abandoned, are open to public inspection and copying.’

This means that:

• Anyone can access reissue application files
• No special permission is required
• Both pending and abandoned reissue applications are available

However, if the reissue application contains a request for continued examination (RCE) filed on or after March 16, 2013, access to the file may be restricted until publication.

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

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

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.

The USPTO verifies an assignee’s right to inspect a patent application through documentation. As per MPEP 106.01, the assignee must provide either a copy of the assignment recorded in the USPTO or other evidence of ownership. This documentation is necessary to establish the assignee’s legal right to access the confidential information contained in the patent application.

Reissue application files are generally open to public inspection. According to 37 CFR 1.11(b):

• Reissue applications are open to inspection by the general public
• The filing of reissue applications (except for continued prosecution applications under 37 CFR 1.53(d)) is announced in the Official Gazette
• The announcement includes details such as filing date, reissue application and original patent numbers, title, inventor name, and examining group

For Image File Wrapper (IFW) reissue applications:

• Files are open to inspection by the general public through Patent Center via the USPTO website
• Members of the public can view the entire content of the reissue application file history online

Direct quote: ‘All reissue applications, all applications in which the Office has accepted a request to open the complete application to inspection by the public, and related papers in the application file, are open to inspection by the public, and copies may be furnished upon paying the fee therefor.’ (37 CFR 1.11(b))

The handling of assignment records for related patent applications, such as divisional, continuation, or continuation-in-part applications, is addressed in MPEP 301.01. The key point is:

If the application on which a patent was granted is a division, continuation, or continuation-in-part of an earlier application, the assignment records of that earlier application will be open to public inspection because copies or access may be supplied to the earlier application pursuant to 37 CFR 1.14.

This policy has several implications:

• Once a patent is granted on a related application, the assignment records of the parent application become publicly accessible.
• This applies even if the parent application was previously unpublished or abandoned.
• The public accessibility extends to all assignment records in the chain of related applications leading to the granted patent.

This approach ensures transparency in the ownership history of patented inventions, allowing interested parties to trace the chain of title through related applications. It’s important for applicants and assignees to be aware of this when considering their IP strategy and the potential disclosure of ownership information for related applications.

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

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

Assignment records for reissue applications are treated differently from regular patent applications due to their public nature. According to MPEP 301.01:

Assignment records relating to reissue applications are open to public inspection because reissue applications are open to public inspection pursuant to 37 CFR 1.11(b).

This means that once a reissue application is filed, its assignment records become publicly accessible, regardless of whether the original patent’s assignment records were previously confidential. This is because reissue applications are, by nature, related to already-issued patents and are subject to different rules regarding public disclosure.

The public accessibility of reissue application assignment records aligns with the general principle of transparency in the patent system, allowing interested parties to track ownership changes even during the reissue process. This can be particularly important for those monitoring patent rights in specific technological areas or for potential licensees or purchasers of patent rights.

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

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

The USPTO does not grant partial access to assignment documents. According to MPEP 301.01:

The Office will not open only certain parts of an assignment document to public inspection. If such a document contains two or more items, any one of which, if alone, would be open to such inspection, then the entire document will be open.

This policy ensures transparency and prevents selective disclosure of information. It’s important to note that this approach can have implications for documents that contain both public and potentially confidential information. For example:

• If a document covers both a trademark and a patent application, the entire document becomes public.
• If a document covers multiple patent applications, it becomes public as soon as any one of the applications is published or patented.

This policy underscores the importance of carefully considering what information is included in assignment documents, particularly when dealing with a mix of public and non-public intellectual property rights.

For more information on assignment documents, visit: assignment documents.

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

For more information on USPTO policy, visit: USPTO policy.

No, the USPTO does not allow partial access to patent assignment documents. According to MPEP 301.01:

“The Office will not open only certain parts of an assignment document to public inspection. If such a document contains two or more items, any one of which, if alone, would be open to such inspection, then the entire document will be open.”

This means:

• If a document covers both a trademark and a patent, it will be entirely available to the public from the beginning.
• If it covers multiple patent applications, it becomes publicly available as soon as any one of them is published or patented.

The policy ensures transparency and consistency in the handling of assignment documents.

To learn more:

• assignment documents
• public inspection
• partial access
• USPTO policy

Access to international application files at the USPTO is governed by specific rules. According to MPEP 103:

‘International applications that designate the U.S. and have been published in accordance with PCT Article 21(2) are generally open to public inspection and copying.’

This means:

• Published international applications designating the U.S. are accessible
• Access is available after the application’s international publication
• Unpublished international applications are not open to public inspection

To access these files, you can use the USPTO’s Public PAIR system or visit the USPTO’s Public Search Facility.

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

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