Can status information be provided for unpublished patent applications?

In general, status information cannot be provided for unpublished patent applications, unless the requester is:

  1. The applicant
  2. A patent practitioner of record
  3. The assignee or an assignee of an undivided part interest
  4. The inventor or a joint inventor
  5. A registered attorney or agent named in the application papers

Alternatively, a person with written authority from any of the above parties can be provided status information.

There are some exceptions where status information can be supplied for unpublished applications, such as:

  • When the application is identified in a published patent document or another application publication
  • When the application is a national stage application or claims benefit to a published international application and the US is a designated state
  • When the application is an international design application maintained by the USPTO for national processing
Topics: MPEP 102-Information as to Status of an Application, Patent Law
Tags: authorized parties, international applications, patent application status, status information, unpublished patent applications