How does the USPTO handle confidentiality in 37 CFR 1.47(a) petitions?

The USPTO handles confidentiality in 37 CFR 1.47(a) petitions with care, recognizing the sensitive nature of the information provided. The MPEP 409.03(b) states:

‘Petitions under 37 CFR 1.47 are not available to the public since they are contained in the application file… The petition will be available to the nonsigning inventor upon request.’

This means:

• Petition documents are kept confidential as part of the non-public application file.
• The general public cannot access these petitions.
• The nonsigning inventor has the right to request and view the petition.
• The USPTO balances the need for transparency with the protection of potentially sensitive information.

Applicants should be aware that while the petition is generally confidential, the nonsigning inventor may still access it, which could affect strategies for presenting information in the petition.

To learn more:

• confidentiality
• 37 CFR 1.47(a)
• petition privacy

To learn more:

• 37 CFR 1.47(a)