Does restricting inventor access to a patent application continue after the application publishes?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, once a patent application publishes under 35 U.S.C. 122(b), it becomes available to the public. At that point, any previous grant restricting the inventor’s access to the application file is no longer in effect.

Of course, after the application has published pursuant to 35 U.S.C. 122(b), the application will be available to the public and any restriction on the inventor to access his or her application previously granted will no longer be in effect.

Topics: MPEP 106-Control of Inspection by Assignee Patent Law
Tags: Access Records, Assignee Access, Assignee Entire Interest