Are assignment records for pending patent applications publicly available?
The accessibility of assignment records for pending patent applications depends on whether the application has been published. According to MPEP 301.01:
- For published patent applications, assignment records are publicly available.
- For unpublished pending applications, assignment records are not open to public inspection.
The MPEP states: “Documents relating only to one or more pending applications for patent which have not been published under 35 U.S.C. 122(b) will not be open to public inspection.”
For unpublished pending applications, access to assignment information requires proper authorization. As per the MPEP:
“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).”
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