How can an inventor be restricted from accessing their patent application?

While it’s uncommon, there is a process for restricting an inventor’s access to their patent application. According to MPEP 106:

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.

This process requires a specific request and justification. It’s important to note that such restrictions are temporary, as the MPEP also states, 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.

For more information on inventor access, visit: inventor access.

For more information on Office of Petitions, visit: Office of Petitions.

Topics: MPEP 106-Control of Inspection by Assignee, Patent Law, Patent Procedure
Tags: inventor access, Office of Petitions