Can the public access the full, unredacted version of a patent application after a redacted publication?
Generally, the public can request access to the complete file wrapper of a published application. However, if a redacted copy was submitted for publication, the USPTO has provisions to maintain the confidentiality of the redacted information. According to MPEP 1132:
“The Office will provide a copy of the complete file wrapper and contents of an application for which a redacted copy was submitted under this section to any person upon written request pursuant to § 1.14(c)(2), unless applicant complies with the requirements of paragraphs (d)(1), (d)(2), and (d)(3) of this section.”
To maintain confidentiality, applicants must submit additional documentation, including:
- Redacted and marked-up copies of previous Office correspondence and applicant submissions
- Ongoing submission of redacted and marked-up copies of new Office correspondence and applicant submissions
- Payment of a processing fee
- Certification that redactions are limited to material not in the published redacted copy
By following these procedures, applicants can help ensure that the full, unredacted version of their application remains confidential.
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