How can an inventor’s access to their patent application be restricted?

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.

An inventor’s access to their patent application can be restricted, but it requires a specific process. 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 they can only inspect the application if they can show why such inspection is necessary to conserve their rights. It’s important to note that this restriction is temporary. Once the application is published under 35 U.S.C. 122(b), it becomes publicly available, and any previously granted restrictions on the inventor’s access 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.