How can I access patent application files that are not yet published?

Access to unpublished patent application files is generally restricted. According to MPEP 103:

‘Unpublished abandoned applications are not open to public inspection.’

However, there are exceptions:

• If the application is referenced in a U.S. patent application publication or patent
• If written authority from the applicant, assignee, or attorney/agent of record is provided
• If a petition for access is granted

To request access, you may need to file a petition with the USPTO, demonstrating a need or right to access the application.

For more information on Patent application access, visit: Patent application access.

For more information on unpublished applications, visit: unpublished applications.