How can I request access to a patent application that is not publicly available?
To request access to a patent application that is not publicly available, you generally need to file a petition for access. According to 37 CFR 1.14(a)(1)(vii), for applications that are not published, patented, or the subject of a benefit claim in a published application: “A granted petition for access (see paragraph (i)) or a power…
Read MoreWhat information about patent applications is publicly available?
Certain information about patent applications is publicly available, even if the full application is not. According to 37 CFR 1.14(a)(1)(ii) and (iii), for published applications, the following information may be communicated without a petition for access: Whether the application is pending, abandoned, or patented Whether the application has been published under 35 U.S.C. 122(b) The…
Read MoreHow can I access patent application files that are not yet published?
Access to unpublished patent application files is generally restricted. According to MPEP 103: ‘Unpublished abandoned applications are not open to public inspection.’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…
Read MoreCan I access international application files at the USPTO?
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…
Read MoreWhat are the rules for accessing reissue application files?
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…
Read MoreHow can an inventor be restricted from accessing their patent application?
While it’s uncommon, there is a process for restricting an inventor’s access to their patent application. According to MPEP 106: Any request to prevent the inventor from obtaining access to the file should be filed as a separate paper, 37 CFR 1.4(c), and should be directed to the Office of Petitions. If the request is…
Read MoreWhen does a patent application become publicly accessible?
A patent application typically becomes publicly accessible after it is published. MPEP 106 states: Of course, after the application has published pursuant to 35 U.S.C. 122(b), the application will be available to the public and any restriction on the inventor to access his or her application previously granted will no longer be in effect. This…
Read MoreWhat rights do partial assignees or exclusive licensees have regarding patent applications?
According to MPEP 106.01, assignees of a part interest or licensees of exclusive right have the right to inspect the patent application. The MPEP states: “[A]n assignee of a part interest or a licensee of exclusive right is entitled to inspect the application.” However, it’s important to note that these parties do not have the…
Read MoreCan an assignee control access to a patent application?
Yes, an assignee of record of the entire interest in a patent application can control access to it. According to MPEP 106, “The applicant or assignee of record of the entire interest in an application may file an application or intervene in the prosecution of the application, appointing an attorney or agent of his or…
Read MoreWhat rights do partial assignees have regarding patent application inspection?
Partial assignees and exclusive licensees have specific rights regarding patent application inspection. According to MPEP 106.01, “an assignee of a part interest or a licensee of exclusive right is entitled to inspect the application.” This means that even if you don’t own the entire interest in a patent application, you still have the right to…
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