Patent Law FAQ

Requesting information about an unpublished patent application requires specific procedures to ensure confidentiality. According to the MPEP:

• Requests can be made by phone or in person
• The requester’s identity and right to information must be verified
• Only certain individuals (applicant, inventor, assignee of record, or attorney/agent of record) may receive detailed information
• USPTO employees must follow a strict verification process before releasing any information

The MPEP states:

“Except as provided in 35 U.S.C. 122(b), no information concerning pending or abandoned patent applications (except applications which have been published, reissue applications and reexamination proceedings) may be given to the public without appropriate written authorization.”

This ensures that confidential application information is only released to authorized individuals.

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

For more information on unpublished applications, visit: unpublished applications.

Access to information about unpublished patent applications is generally restricted. However, according to MPEP 101, there are specific circumstances under which such information may be accessed:

1. If you are the applicant, an inventor, the assignee of record, or the attorney or agent of record, you may be able to access information about the application.
2. 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), certain status information may be available to the public.
3. In some cases, a petition for access or a power to inspect may be required to access information about an unpublished application.

It’s important to note that the USPTO has strict procedures for verifying the identity and authority of individuals requesting information about unpublished applications to maintain confidentiality.

For more information on unpublished applications, visit: unpublished applications.

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

For unpublished patent applications that are pending or abandoned, the following individuals are authorized to receive status information: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

A patent application file becomes available to the public in the following situations:

1. When the application has issued as a patent or published as a statutory invention registration
2. When the application has been published and subsequently abandoned
3. When the application has been published and is still pending
4. When an unpublished, abandoned application is identified or relied upon in certain public documents
5. When the benefit of an unpublished pending application is claimed in certain public documents

These conditions are outlined in 37 CFR 1.14(a)(1). In most cases, a fee is required to access the application file contents.

According to MPEP 102, accessing unpublished patent applications requires specific procedures:

“Applications that were not published or patented, that are not the subject of a benefit claim under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in an application that has issued as a U.S. patent, an application that has published as a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3), or are not identified in a U.S. patent, a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3) of an international design application designating the United States, are not available to the public.”

In such cases, a granted petition for access or a power to inspect is necessary to obtain the application or a copy of the application. The specific requirements for these procedures are outlined in 37 CFR 1.14(i) and (c) respectively.

For more information on petition for access, visit: petition for access.

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

Patent applications that have not been published under 35 U.S.C. 122(b) are generally preserved in confidence pursuant to 35 U.S.C. 122(a). Information about the filing, pendency, or subject matter of an application, including status information and access to the application, is only given to the public as set forth in § 1.11 or in this section of the MPEP.

As stated in 37 CFR 1.14(a): Patent applications that have not been published under 35 U.S.C. 122(b) are generally preserved in confidence pursuant to 35 U.S.C. 122(a). Information concerning the filing, pendency, or subject matter of an application for patent, including status information, and access to the application, will only be given to the public as set forth in § 1.11 or in this section.

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.

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.

Access to unpublished patent application files is generally restricted. According to MPEP 103:

‘Unpublished abandoned applications are not open to public inspection.’

However, there are exceptions:

• If the application is referenced in a U.S. patent application publication or patent
• If written authority from the applicant, assignee, or attorney/agent of record is provided
• If a petition for access is granted

To request access, you may need to file a petition with the USPTO, demonstrating a need or right to access the application.

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

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

Access to unpublished abandoned patent applications is limited. According to 37 CFR 1.14(a)(1)(iv), the file contents of an unpublished abandoned application may be made available to the public if:

• The application is identified in a U.S. patent, statutory invention registration, U.S. patent application publication, international publication of an international application, or publication of an international registration designating the U.S.
• Benefit of the abandoned application is claimed under 35 U.S.C. 119(e), 120, 121, 365, or 386(c) in an application that has been published or patented.

To obtain access, a written request must be submitted along with payment of the appropriate fee set forth in 37 CFR 1.19(b).

Access to pending unpublished patent applications is generally restricted. However, according to 37 CFR 1.14(a)(1)(v) and (vi), there are some circumstances where a copy of the file contents or the application as originally filed may be provided:

• If the benefit of the application is claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in an application that has been published or patented.
• If the application is incorporated by reference or otherwise identified in a U.S. patent, statutory invention registration, U.S. patent application publication, international publication of an international application, or publication of an international registration designating the U.S.

In these cases, a written request must be submitted along with payment of the appropriate fee set forth in 37 CFR 1.19(b). The Office will not provide access to the paper file of a pending application, except under specific circumstances outlined in 37 CFR 1.14(c) or (i).

How does the USPTO handle status inquiries for unpublished applications?

The USPTO has specific procedures for handling status inquiries for unpublished applications:

• Status information is only provided to applicants, their attorneys or agents, or assignees of record.
• Third parties cannot receive status information about unpublished applications.
• The USPTO may confirm the filing date, application number, and whether the application is pending, abandoned, or patented.

As stated in MPEP 203.08, ‘For unpublished applications, the Office will not give status information to the public without the authorization of the applicant, attorney or agent of record or the assignee of record.’

To learn more:

• unpublished applications
• status inquiries
• USPTO procedures

Yes, an abandoned application can be used as prior art, but the extent of its use depends on several factors. Under MPEP 2127, abandoned applications that have been published can be used as prior art as of their publication date for all they teach. Unpublished abandoned applications may be available as prior art under certain circumstances, such as when they are incorporated by reference in a U.S. patent. It’s important to note that the abandonment status itself does not negate the application’s potential as prior art. For specific rules on using abandoned applications as prior art, consult MPEP 2127 and MPEP 901 on prior art.

Yes, an abandoned application can be used as prior art, but the extent of its use depends on several factors. Under MPEP 2127, abandoned applications that have been published can be used as prior art as of their publication date for all they teach. Unpublished abandoned applications may be available as prior art under certain circumstances, such as when they are incorporated by reference in a U.S. patent. It’s important to note that the abandonment status itself does not negate the application’s potential as prior art. For specific rules on using abandoned applications as prior art, consult MPEP 2127 and MPEP 901 on prior art.

Accessing assignment records for unpublished patent applications requires specific authorization or a showing of legitimate interest. According to MPEP 301.01, for applications that are not open to the public:

Information related thereto is only obtainable upon a proper showing of written authority. For applications filed on or after September 16, 2012, the written authority must be from (A) an inventor, (B) an applicant, (C) the assignee or an assignee of an undivided part interest, (D) a patent practitioner of record, or (E) a person with written authority from (A), (B), or (C) or (D).

For applications filed before September 16, 2012, the requirements are slightly different:

For applications filed prior to September 16, 2012, the written authority must be from the applicant or applicant’s assignee or from the attorney or agent of either, or upon a showing that the person seeking such information is a bona fide prospective or actual purchaser, mortgagee, or licensee of such application.

If you’re not one of these authorized parties, you may still be able to access the records if you can demonstrate that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application. This typically requires submitting a petition with the appropriate fee and evidence of your status.

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

Access to assignment records for unpublished patent applications is restricted. The MPEP states:

“For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.”

To access these records, you must have written authority from one of the following:

• An inventor
• The applicant
• The assignee or an assignee of an undivided part interest
• A patent practitioner of record
• A person with written authority from any of the above

Alternatively, you must show that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application.

Accessing assignment records for unpublished patent applications requires specific authorization or a showing of legitimate interest. According to MPEP 301.01, for applications that are not open to the public:

Information related thereto is only obtainable upon a proper showing of written authority. For applications filed on or after September 16, 2012, the written authority must be from (A) an inventor, (B) an applicant, (C) the assignee or an assignee of an undivided part interest, (D) a patent practitioner of record, or (E) a person with written authority from (A), (B), or (C) or (D).

For applications filed before September 16, 2012, the requirements are slightly different:

For applications filed prior to September 16, 2012, the written authority must be from the applicant or applicant’s assignee or from the attorney or agent of either, or upon a showing that the person seeking such information is a bona fide prospective or actual purchaser, mortgagee, or licensee of such application.

If you’re not one of these authorized parties, you may still be able to access the records if you can demonstrate that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application. This typically requires submitting a petition with the appropriate fee and evidence of your status.

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

Access to assignment records for unpublished patent applications is restricted. The MPEP states:

“For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.”

To access these records, you must have written authority from one of the following:

• An inventor
• The applicant
• The assignee or an assignee of an undivided part interest
• A patent practitioner of record
• A person with written authority from any of the above

Alternatively, you must show that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application.

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.

For unpublished patent applications, confidentiality is a critical concern. The MPEP states:

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 attorney or agent to maintain confidentiality. The examiner cannot disclose any information from the application file that hasn’t been supplied by the practitioner.

For more information on unpublished applications, visit: unpublished 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.

For unpublished patent applications, confidentiality is a critical concern. The MPEP states:

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 attorney or agent to maintain confidentiality. The examiner cannot disclose any information from the application file that hasn’t been supplied by the practitioner.

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

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.

A patent application file becomes available to the public in the following situations:

1. When the application has issued as a patent or published as a statutory invention registration
2. When the application has been published and subsequently abandoned
3. When the application has been published and is still pending
4. When an unpublished, abandoned application is identified or relied upon in certain public documents
5. When the benefit of an unpublished pending application is claimed in certain public documents

These conditions are outlined in 37 CFR 1.14(a)(1). In most cases, a fee is required to access the application file contents.

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.

According to MPEP 102, accessing unpublished patent applications requires specific procedures:

“Applications that were not published or patented, that are not the subject of a benefit claim under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in an application that has issued as a U.S. patent, an application that has published as a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3), or are not identified in a U.S. patent, a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3) of an international design application designating the United States, are not available to the public.”

In such cases, a granted petition for access or a power to inspect is necessary to obtain the application or a copy of the application. The specific requirements for these procedures are outlined in 37 CFR 1.14(i) and (c) respectively.

For more information on petition for access, visit: petition for access.

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

Patent applications that have not been published under 35 U.S.C. 122(b) are generally preserved in confidence pursuant to 35 U.S.C. 122(a). Information about the filing, pendency, or subject matter of an application, including status information and access to the application, is only given to the public as set forth in § 1.11 or in this section of the MPEP.

As stated in 37 CFR 1.14(a): Patent applications that have not been published under 35 U.S.C. 122(b) are generally preserved in confidence pursuant to 35 U.S.C. 122(a). Information concerning the filing, pendency, or subject matter of an application for patent, including status information, and access to the application, will only be given to the public as set forth in § 1.11 or in this section.

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.

Accessing assignment records for unpublished patent applications requires specific authorization or a showing of legitimate interest. According to MPEP 301.01, for applications that are not open to the public:

Information related thereto is only obtainable upon a proper showing of written authority. For applications filed on or after September 16, 2012, the written authority must be from (A) an inventor, (B) an applicant, (C) the assignee or an assignee of an undivided part interest, (D) a patent practitioner of record, or (E) a person with written authority from (A), (B), or (C) or (D).

For applications filed before September 16, 2012, the requirements are slightly different:

For applications filed prior to September 16, 2012, the written authority must be from the applicant or applicant’s assignee or from the attorney or agent of either, or upon a showing that the person seeking such information is a bona fide prospective or actual purchaser, mortgagee, or licensee of such application.

If you’re not one of these authorized parties, you may still be able to access the records if you can demonstrate that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application. This typically requires submitting a petition with the appropriate fee and evidence of your status.

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

For unpublished patent applications, confidentiality is a critical concern. The MPEP states:

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 attorney or agent to maintain confidentiality. The examiner cannot disclose any information from the application file that hasn’t been supplied by the practitioner.

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

How does the USPTO handle status inquiries for unpublished applications?

The USPTO has specific procedures for handling status inquiries for unpublished applications:

• Status information is only provided to applicants, their attorneys or agents, or assignees of record.
• Third parties cannot receive status information about unpublished applications.
• The USPTO may confirm the filing date, application number, and whether the application is pending, abandoned, or patented.

As stated in MPEP 203.08, ‘For unpublished applications, the Office will not give status information to the public without the authorization of the applicant, attorney or agent of record or the assignee of record.’

To learn more:

• unpublished applications
• status inquiries
• USPTO procedures

Requesting information about an unpublished patent application requires specific procedures to ensure confidentiality. According to the MPEP:

• Requests can be made by phone or in person
• The requester’s identity and right to information must be verified
• Only certain individuals (applicant, inventor, assignee of record, or attorney/agent of record) may receive detailed information
• USPTO employees must follow a strict verification process before releasing any information

The MPEP states:

“Except as provided in 35 U.S.C. 122(b), no information concerning pending or abandoned patent applications (except applications which have been published, reissue applications and reexamination proceedings) may be given to the public without appropriate written authorization.”

This ensures that confidential application information is only released to authorized individuals.

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

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

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.

Access to unpublished patent application files is generally restricted. According to MPEP 103:

‘Unpublished abandoned applications are not open to public inspection.’

However, there are exceptions:

• If the application is referenced in a U.S. patent application publication or patent
• If written authority from the applicant, assignee, or attorney/agent of record is provided
• If a petition for access is granted

To request access, you may need to file a petition with the USPTO, demonstrating a need or right to access the application.

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

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

Access to information about unpublished patent applications is generally restricted. However, according to MPEP 101, there are specific circumstances under which such information may be accessed:

1. If you are the applicant, an inventor, the assignee of record, or the attorney or agent of record, you may be able to access information about the application.
2. 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), certain status information may be available to the public.
3. In some cases, a petition for access or a power to inspect may be required to access information about an unpublished application.

It’s important to note that the USPTO has strict procedures for verifying the identity and authority of individuals requesting information about unpublished applications to maintain confidentiality.

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

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

Access to unpublished abandoned patent applications is limited. According to 37 CFR 1.14(a)(1)(iv), the file contents of an unpublished abandoned application may be made available to the public if:

• The application is identified in a U.S. patent, statutory invention registration, U.S. patent application publication, international publication of an international application, or publication of an international registration designating the U.S.
• Benefit of the abandoned application is claimed under 35 U.S.C. 119(e), 120, 121, 365, or 386(c) in an application that has been published or patented.

To obtain access, a written request must be submitted along with payment of the appropriate fee set forth in 37 CFR 1.19(b).

Access to assignment records for unpublished patent applications is restricted. The MPEP states:

“For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.”

To access these records, you must have written authority from one of the following:

• An inventor
• The applicant
• The assignee or an assignee of an undivided part interest
• A patent practitioner of record
• A person with written authority from any of the above

Alternatively, you must show that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application.

Access to pending unpublished patent applications is generally restricted. However, according to 37 CFR 1.14(a)(1)(v) and (vi), there are some circumstances where a copy of the file contents or the application as originally filed may be provided:

• If the benefit of the application is claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in an application that has been published or patented.
• If the application is incorporated by reference or otherwise identified in a U.S. patent, statutory invention registration, U.S. patent application publication, international publication of an international application, or publication of an international registration designating the U.S.

In these cases, a written request must be submitted along with payment of the appropriate fee set forth in 37 CFR 1.19(b). The Office will not provide access to the paper file of a pending application, except under specific circumstances outlined in 37 CFR 1.14(c) or (i).

Yes, an abandoned application can be used as prior art, but the extent of its use depends on several factors. Under MPEP 2127, abandoned applications that have been published can be used as prior art as of their publication date for all they teach. Unpublished abandoned applications may be available as prior art under certain circumstances, such as when they are incorporated by reference in a U.S. patent. It’s important to note that the abandonment status itself does not negate the application’s potential as prior art. For specific rules on using abandoned applications as prior art, consult MPEP 2127 and MPEP 901 on prior art.

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.

A patent application file becomes available to the public in the following situations:

1. When the application has issued as a patent or published as a statutory invention registration
2. When the application has been published and subsequently abandoned
3. When the application has been published and is still pending
4. When an unpublished, abandoned application is identified or relied upon in certain public documents
5. When the benefit of an unpublished pending application is claimed in certain public documents

These conditions are outlined in 37 CFR 1.14(a)(1). In most cases, a fee is required to access the application file contents.

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.

According to MPEP 102, accessing unpublished patent applications requires specific procedures:

“Applications that were not published or patented, that are not the subject of a benefit claim under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in an application that has issued as a U.S. patent, an application that has published as a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3), or are not identified in a U.S. patent, a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3) of an international design application designating the United States, are not available to the public.”

In such cases, a granted petition for access or a power to inspect is necessary to obtain the application or a copy of the application. The specific requirements for these procedures are outlined in 37 CFR 1.14(i) and (c) respectively.

For more information on petition for access, visit: petition for access.

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

Patent applications that have not been published under 35 U.S.C. 122(b) are generally preserved in confidence pursuant to 35 U.S.C. 122(a). Information about the filing, pendency, or subject matter of an application, including status information and access to the application, is only given to the public as set forth in § 1.11 or in this section of the MPEP.

As stated in 37 CFR 1.14(a): Patent applications that have not been published under 35 U.S.C. 122(b) are generally preserved in confidence pursuant to 35 U.S.C. 122(a). Information concerning the filing, pendency, or subject matter of an application for patent, including status information, and access to the application, will only be given to the public as set forth in § 1.11 or in this section.

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.

Accessing assignment records for unpublished patent applications requires specific authorization or a showing of legitimate interest. According to MPEP 301.01, for applications that are not open to the public:

Information related thereto is only obtainable upon a proper showing of written authority. For applications filed on or after September 16, 2012, the written authority must be from (A) an inventor, (B) an applicant, (C) the assignee or an assignee of an undivided part interest, (D) a patent practitioner of record, or (E) a person with written authority from (A), (B), or (C) or (D).

For applications filed before September 16, 2012, the requirements are slightly different:

For applications filed prior to September 16, 2012, the written authority must be from the applicant or applicant’s assignee or from the attorney or agent of either, or upon a showing that the person seeking such information is a bona fide prospective or actual purchaser, mortgagee, or licensee of such application.

If you’re not one of these authorized parties, you may still be able to access the records if you can demonstrate that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application. This typically requires submitting a petition with the appropriate fee and evidence of your status.

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

For unpublished patent applications, confidentiality is a critical concern. The MPEP states:

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 attorney or agent to maintain confidentiality. The examiner cannot disclose any information from the application file that hasn’t been supplied by the practitioner.

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

How does the USPTO handle status inquiries for unpublished applications?

The USPTO has specific procedures for handling status inquiries for unpublished applications:

• Status information is only provided to applicants, their attorneys or agents, or assignees of record.
• Third parties cannot receive status information about unpublished applications.
• The USPTO may confirm the filing date, application number, and whether the application is pending, abandoned, or patented.

As stated in MPEP 203.08, ‘For unpublished applications, the Office will not give status information to the public without the authorization of the applicant, attorney or agent of record or the assignee of record.’

To learn more:

• unpublished applications
• status inquiries
• USPTO procedures

Requesting information about an unpublished patent application requires specific procedures to ensure confidentiality. According to the MPEP:

• Requests can be made by phone or in person
• The requester’s identity and right to information must be verified
• Only certain individuals (applicant, inventor, assignee of record, or attorney/agent of record) may receive detailed information
• USPTO employees must follow a strict verification process before releasing any information

The MPEP states:

“Except as provided in 35 U.S.C. 122(b), no information concerning pending or abandoned patent applications (except applications which have been published, reissue applications and reexamination proceedings) may be given to the public without appropriate written authorization.”

This ensures that confidential application information is only released to authorized individuals.

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

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

Access to unpublished patent application files is generally restricted. According to MPEP 103:

‘Unpublished abandoned applications are not open to public inspection.’

However, there are exceptions:

• If the application is referenced in a U.S. patent application publication or patent
• If written authority from the applicant, assignee, or attorney/agent of record is provided
• If a petition for access is granted

To request access, you may need to file a petition with the USPTO, demonstrating a need or right to access the application.

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

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

Access to information about unpublished patent applications is generally restricted. However, according to MPEP 101, there are specific circumstances under which such information may be accessed:

1. If you are the applicant, an inventor, the assignee of record, or the attorney or agent of record, you may be able to access information about the application.
2. 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), certain status information may be available to the public.
3. In some cases, a petition for access or a power to inspect may be required to access information about an unpublished application.

It’s important to note that the USPTO has strict procedures for verifying the identity and authority of individuals requesting information about unpublished applications to maintain confidentiality.

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

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

Access to unpublished abandoned patent applications is limited. According to 37 CFR 1.14(a)(1)(iv), the file contents of an unpublished abandoned application may be made available to the public if:

• The application is identified in a U.S. patent, statutory invention registration, U.S. patent application publication, international publication of an international application, or publication of an international registration designating the U.S.
• Benefit of the abandoned application is claimed under 35 U.S.C. 119(e), 120, 121, 365, or 386(c) in an application that has been published or patented.

To obtain access, a written request must be submitted along with payment of the appropriate fee set forth in 37 CFR 1.19(b).

Access to assignment records for unpublished patent applications is restricted. The MPEP states:

“For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.”

To access these records, you must have written authority from one of the following:

• An inventor
• The applicant
• The assignee or an assignee of an undivided part interest
• A patent practitioner of record
• A person with written authority from any of the above

Alternatively, you must show that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application.

Access to pending unpublished patent applications is generally restricted. However, according to 37 CFR 1.14(a)(1)(v) and (vi), there are some circumstances where a copy of the file contents or the application as originally filed may be provided:

• If the benefit of the application is claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in an application that has been published or patented.
• If the application is incorporated by reference or otherwise identified in a U.S. patent, statutory invention registration, U.S. patent application publication, international publication of an international application, or publication of an international registration designating the U.S.

In these cases, a written request must be submitted along with payment of the appropriate fee set forth in 37 CFR 1.19(b). The Office will not provide access to the paper file of a pending application, except under specific circumstances outlined in 37 CFR 1.14(c) or (i).

Yes, an abandoned application can be used as prior art, but the extent of its use depends on several factors. Under MPEP 2127, abandoned applications that have been published can be used as prior art as of their publication date for all they teach. Unpublished abandoned applications may be available as prior art under certain circumstances, such as when they are incorporated by reference in a U.S. patent. It’s important to note that the abandonment status itself does not negate the application’s potential as prior art. For specific rules on using abandoned applications as prior art, consult MPEP 2127 and MPEP 901 on prior art.