How do USPTO employees maintain confidentiality of patent applications?

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.

USPTO employees are legally obligated to maintain the confidentiality of pending patent applications. According to MPEP 101:

All U.S. Patent and Trademark Office employees are legally obligated to preserve pending applications for patents in confidence until they are published or patented in accordance with 35 U.S.C. 122 and 37 CFR 1.14.

This includes several practices:

  • Not reproducing or copying application documents except for official purposes
  • Properly handling and storing application files
  • Using appropriate envelopes for interoffice mail
  • Being careful during interviews to prevent exposure of other applicants’ files

Violations of these confidentiality requirements can result in suspension, removal, and even criminal penalties.

For more information on USPTO employees, visit: USPTO employees.

Topics: MPEP 101-General Patent Law Patent Procedure
Tags: Access Pending, Access Published, Access Records, Publication Language, Publication Timing