How can I petition for access to a pending application?

Any interested party may file a petition, accompanied by the petition fee, to the Director for access to an application. The petition may be filed either with proof of service of copy upon the applicant, or the petition may be filed in duplicate, in which case the duplicate copy will be sent by the Office to the applicant.

The petition should show not only why access is desired, but also why petitioner believes they are entitled to access. The applicant will normally be given a limited period such as 3 weeks within which to state any objection to the granting of the petition for access and reasons why it should be denied. If applicant states that they have no objection to the requested access, the petition will be granted. If objection is raised or applicant does not respond, the petition will be decided on the record.

Topics: MPEP 103-Right of Public To Inspect Patent Files and Some Application Files, Patent Law
Tags: pending applications, petition fee, petition for access, service to applicant