Can I access assignment records for unpublished patent applications?
Access to assignment records for unpublished patent applications is restricted.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.
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 301-Ownership/Assignability of Patents and Applications,
Patent Law,
Patent Procedure