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Access to unpublished patent application files is generally restricted. According to MPEP 103: ‘Unpublished abandoned applications are not open to public inspection.’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 I access published patent applications?
Published patent applications are accessible electronically through various means: On the USPTO website Via Patent Center for status information Through Image File Wrapper (IFW) system for scanned applications As stated in the MPEP, “Published applications that have been scanned into the Image File Wrapper (IFW) system may be available electronically via Patent Center. See 37…
Read MoreHow can I petition for access to a pending application?
Any interested party may file a petition, accompanied by the petition fee, to the Director for access to an application. The petition may be filed either with proof of service of copy upon the applicant, or the petition may be filed in duplicate, in which case the duplicate copy will be sent by the Office…
Read MoreHow can I access patent application information that is not available through Public PAIR?
For patent application information not available through Public PAIR, you can submit a request to the USPTO under the Freedom of Information Act (FOIA). Here’s how to proceed: Submit a written request to the USPTO’s FOIA Officer. Clearly identify the records you’re seeking. Explain why you believe the information should be disclosed if it’s not…
Read MoreCan I access a pending unpublished patent 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…
Read MoreHow can I access an unpublished abandoned patent application?
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…
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