How can I access an abandoned patent application?
Access to abandoned patent applications depends on whether the application was published or unpublished:
- For published applications: You can request access through the Patent and Trademark Copy Fulfillment Branch Certified Copy Center (CCC). As stated in the MPEP,
Access to the application file itself for any non-Image File Wrapper (IFW) abandoned published application may be available through the Patent and Trademark Copy Fulfillment Branch Certified Copy Center (CCC).
- For unpublished applications: Access may be provided if the application is identified or relied upon in certain documents. The MPEP notes,
Access to an abandoned unpublished application may be provided to any person if a written request for access is submitted, and the abandoned application is identified or relied upon: (A) in a U.S. patent application publication or patent; (B) in statutory invention registration; or (C) in an international application that is published in accordance with PCT Article 21(2).
In both cases, fees may apply as per 37 CFR 1.19(b). You can use Form PTO/SB/68 to request access to an abandoned application under 37 CFR 1.14(a)(1)(iv).
To learn more: