How can I access patent application information that is not available through Public PAIR?

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.

For patent application information not available through Public PAIR, you can submit a request to the USPTO under the Freedom of Information Act (FOIA). Here’s how to proceed:

  1. Submit a written request to the USPTO’s FOIA Officer.
  2. Clearly identify the records you’re seeking.
  3. Explain why you believe the information should be disclosed if it’s not typically available to the public.
  4. Be prepared to pay any applicable fees for search and duplication.
  5. Wait for the USPTO to process your request and respond, which may take several weeks.

Note that certain information may still be withheld if it falls under FOIA exemptions or is protected by other statutes.

Topics: MPEP 103-Right of Public To Inspect Patent Files and Some Application Files Patent Law Patent Procedure
Tags: Access Patent Copies, Access Pending, Access Records, Ida Mandatory Elements, third party access