Patent Law FAQ

The USPTO can disclose limited information about patent applications to the public, as outlined in 37 CFR 1.14(a)(2):

• Whether the application is pending, abandoned, or patented
• Whether the application has been published
• The application’s numerical identifier
• Whether another application claims benefit of the application

This information can only be disclosed if the application is identified in a published patent document or in another application as specified in 37 CFR 1.14(a)(1)(i) through (a)(1)(vi).

For unpublished patent applications that are pending or abandoned, the following individuals are authorized to receive status information:

1. The applicant
2. A patent practitioner of record
3. The assignee or an assignee of an undivided part interest
4. The inventor or a joint inventor
5. A registered attorney or agent named in the application papers filed under 37 CFR 1.53 or the national stage documents filed under 37 CFR 1.495, if a power of attorney has not been appointed under 37 CFR 1.32

Additionally, anyone with written authority granting access from one of the above individuals is also entitled to status information.

For international applications and applications claiming the benefit of a published international application:

1. If the United States is indicated as a Designated State, status information is available for the national stage application and any application claiming benefit of the filing date of the published international application.
2. Only the serial number, filing date, application number, and whether the application is pending, abandoned, or patented may be provided.
3. A copy of the first page of the published international application or the corresponding page of the PCT Gazette must be supplied with the status request.

Status requests should be made in writing to the International Patent Legal Administration or directed to the PCT Help desk.

Status information of an application includes:

• Whether the application is pending, abandoned, or patented
• Whether the application has been published
• The application number or the serial number plus any one of the filing date of the national application, the international filing date, or the date of entry into the national stage
• Whether another application claims the benefit of the application, and if so, status information for those applications

This is defined in 37 CFR 1.14(a)(2) and further elaborated in MPEP 102.

According to MPEP 102, for national stage applications or applications claiming the benefit of a published international application:

“Only the serial number and filing date, or application number, as well as whether the application is pending, abandoned, or patented may be given for the national stage application and for any applications claiming the benefit of the filing date of the referenced published international application. Other information contained on the continuity data screen, such as whether the application is a CIP, continuation or divisional application, the date of abandonment of the application and issue date may be confidential information and should not be communicated.”

To request this information, a copy of the first page of the published international application or the corresponding page of the PCT Gazette must be supplied with the status request to the International Patent Legal Administration.

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

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

To obtain status information for a patent application, you can:

1. Check Patent Center or Private Patent Application Information Retrieval (PAIR) on the USPTO website at www.uspto.gov
2. Contact the Application Assistance Unit (AAU) for applications in pre-examination or post-examination processing via email at HelpAAU@uspto.gov, phone at 571-272-4000 or toll-free at 888-786-0101, or visit their website

If the application has not been published but is pending or abandoned, the AAU will determine if the requester is authorized to receive status information based on their relationship to the application.

In general, status information cannot be provided for unpublished patent applications, unless the requester is:

1. The applicant
2. A patent practitioner of record
3. The assignee or an assignee of an undivided part interest
4. The inventor or a joint inventor
5. A registered attorney or agent named in the application papers

Alternatively, a person with written authority from any of the above parties can be provided status information.

There are some exceptions where status information can be supplied for unpublished applications, such as:

• When the application is identified in a published patent document or another application publication
• When the application is a national stage application or claims benefit to a published international application and the US is a designated state
• When the application is an international design application maintained by the USPTO for national processing

For unpublished patent applications that are pending or abandoned, the following individuals are authorized to receive status information:

1. The applicant
2. A patent practitioner of record
3. The assignee or an assignee of an undivided part interest
4. The inventor or a joint inventor
5. A registered attorney or agent named in the application papers filed under 37 CFR 1.53 or the national stage documents filed under 37 CFR 1.495, if a power of attorney has not been appointed under 37 CFR 1.32

Additionally, anyone with written authority granting access from one of the above individuals is also entitled to status information.

For international applications and applications claiming the benefit of a published international application:

1. If the United States is indicated as a Designated State, status information is available for the national stage application and any application claiming benefit of the filing date of the published international application.
2. Only the serial number, filing date, application number, and whether the application is pending, abandoned, or patented may be provided.
3. A copy of the first page of the published international application or the corresponding page of the PCT Gazette must be supplied with the status request.

Status requests should be made in writing to the International Patent Legal Administration or directed to the PCT Help desk.

Status information of an application includes:

• Whether the application is pending, abandoned, or patented
• Whether the application has been published
• The application number or the serial number plus any one of the filing date of the national application, the international filing date, or the date of entry into the national stage
• Whether another application claims the benefit of the application, and if so, status information for those applications

This is defined in 37 CFR 1.14(a)(2) and further elaborated in MPEP 102.

According to MPEP 102, for national stage applications or applications claiming the benefit of a published international application:

“Only the serial number and filing date, or application number, as well as whether the application is pending, abandoned, or patented may be given for the national stage application and for any applications claiming the benefit of the filing date of the referenced published international application. Other information contained on the continuity data screen, such as whether the application is a CIP, continuation or divisional application, the date of abandonment of the application and issue date may be confidential information and should not be communicated.”

To request this information, a copy of the first page of the published international application or the corresponding page of the PCT Gazette must be supplied with the status request to the International Patent Legal Administration.

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

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

The USPTO can disclose limited information about patent applications to the public, as outlined in 37 CFR 1.14(a)(2):

• Whether the application is pending, abandoned, or patented
• Whether the application has been published
• The application’s numerical identifier
• Whether another application claims benefit of the application

This information can only be disclosed if the application is identified in a published patent document or in another application as specified in 37 CFR 1.14(a)(1)(i) through (a)(1)(vi).

To obtain status information for a patent application, you can:

1. Check Patent Center or Private Patent Application Information Retrieval (PAIR) on the USPTO website at www.uspto.gov
2. Contact the Application Assistance Unit (AAU) for applications in pre-examination or post-examination processing via email at HelpAAU@uspto.gov, phone at 571-272-4000 or toll-free at 888-786-0101, or visit their website

If the application has not been published but is pending or abandoned, the AAU will determine if the requester is authorized to receive status information based on their relationship to the application.

In general, status information cannot be provided for unpublished patent applications, unless the requester is:

1. The applicant
2. A patent practitioner of record
3. The assignee or an assignee of an undivided part interest
4. The inventor or a joint inventor
5. A registered attorney or agent named in the application papers

Alternatively, a person with written authority from any of the above parties can be provided status information.

There are some exceptions where status information can be supplied for unpublished applications, such as:

• When the application is identified in a published patent document or another application publication
• When the application is a national stage application or claims benefit to a published international application and the US is a designated state
• When the application is an international design application maintained by the USPTO for national processing

For unpublished patent applications that are pending or abandoned, the following individuals are authorized to receive status information:

1. The applicant
2. A patent practitioner of record
3. The assignee or an assignee of an undivided part interest
4. The inventor or a joint inventor
5. A registered attorney or agent named in the application papers filed under 37 CFR 1.53 or the national stage documents filed under 37 CFR 1.495, if a power of attorney has not been appointed under 37 CFR 1.32

Additionally, anyone with written authority granting access from one of the above individuals is also entitled to status information.

For international applications and applications claiming the benefit of a published international application:

1. If the United States is indicated as a Designated State, status information is available for the national stage application and any application claiming benefit of the filing date of the published international application.
2. Only the serial number, filing date, application number, and whether the application is pending, abandoned, or patented may be provided.
3. A copy of the first page of the published international application or the corresponding page of the PCT Gazette must be supplied with the status request.

Status requests should be made in writing to the International Patent Legal Administration or directed to the PCT Help desk.

Status information of an application includes:

• Whether the application is pending, abandoned, or patented
• Whether the application has been published
• The application number or the serial number plus any one of the filing date of the national application, the international filing date, or the date of entry into the national stage
• Whether another application claims the benefit of the application, and if so, status information for those applications

This is defined in 37 CFR 1.14(a)(2) and further elaborated in MPEP 102.

According to MPEP 102, for national stage applications or applications claiming the benefit of a published international application:

“Only the serial number and filing date, or application number, as well as whether the application is pending, abandoned, or patented may be given for the national stage application and for any applications claiming the benefit of the filing date of the referenced published international application. Other information contained on the continuity data screen, such as whether the application is a CIP, continuation or divisional application, the date of abandonment of the application and issue date may be confidential information and should not be communicated.”

To request this information, a copy of the first page of the published international application or the corresponding page of the PCT Gazette must be supplied with the status request to the International Patent Legal Administration.

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

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

The USPTO can disclose limited information about patent applications to the public, as outlined in 37 CFR 1.14(a)(2):

• Whether the application is pending, abandoned, or patented
• Whether the application has been published
• The application’s numerical identifier
• Whether another application claims benefit of the application

This information can only be disclosed if the application is identified in a published patent document or in another application as specified in 37 CFR 1.14(a)(1)(i) through (a)(1)(vi).

To obtain status information for a patent application, you can:

1. Check Patent Center or Private Patent Application Information Retrieval (PAIR) on the USPTO website at www.uspto.gov
2. Contact the Application Assistance Unit (AAU) for applications in pre-examination or post-examination processing via email at HelpAAU@uspto.gov, phone at 571-272-4000 or toll-free at 888-786-0101, or visit their website

If the application has not been published but is pending or abandoned, the AAU will determine if the requester is authorized to receive status information based on their relationship to the application.