How can I request access to a patent application that is not publicly available?

To request access to a patent application that is not publicly available, you generally need to file a petition for access. According to 37 CFR 1.14(a)(1)(vii), for applications that are not published, patented, or the subject of a benefit claim in a published application:

“A granted petition for access (see paragraph (i)) or a power to inspect (see paragraph (c) of this section) is necessary to obtain the application, or a copy of the application.”

To file a petition for access, you must:

• Submit the petition with the fee set forth in 37 CFR 1.17(g)
• Provide a showing that access to the application is necessary to carry out an Act of Congress or that special circumstances exist which warrant petitioner being granted access

The petition should be directed to the Office of Patent Legal Administration. The applicant will be given an opportunity to object to the granting of the petition, and the USPTO will make a determination based on the circumstances presented.

For more information on petition for access, visit: petition for access.