Can an applicant or assignee prevent the inventor from accessing the patent application file?

Yes, the applicant or assignee of record of the entire interest in an application can make a specific request to prevent the inventor from obtaining access to the application file. This request should be filed as a separate paper under 37 CFR 1.4(c) and directed to the Office of Petitions. If granted, the inventor will only be permitted to inspect the application upon sufficient showing of why it is necessary to preserve their rights.

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 granted, the inventor will be informed that he or she will only be permitted to inspect the application on sufficient showing why such inspection is necessary to conserve his or her rights.

Topics: MPEP 106-Control of Inspection by Assignee, Patent Law
Tags: assignee rights, international patent applications, inventor access, petitions