How does the USPTO handle public petitions for access to patent applications?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs 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. When a member of the public files a petition for access to a patent application, the USPTO follows a specific procedure as outlined in MPEP 710.02(c) : “Where a member of the public files a petition under 37 CFR 1.14(a) for access to an application, the Office may give the applicant a specified time (usually 3 weeks) within which to state any objections to the granting of the petition for access and the reasons why it should be denied.” Key points to note: The applicant typically has 3 weeks to respond. Failure to reply on time does not affect the application’s prosecution. If the applicant doesn’t respond, the USPTO will decide on the petition without considering the applicant’s potential objections. For more details on public access to patent applications, refer to MPEP § 103 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Objections to Public Access Petition Must Be Stated Within 3 Weeks MPEP 710.02(c) Recommended Failure to Reply Does Not Affect Access Petition Decision MPEP 710.02(c) Recommended Petitions for Access Handled by Office of Patent Legal Administration Except Interference Cases MPEP 103 Access to Unpublished Pending Patent Applications MPEP 103 Required Petition for Access Based on Special Circumstances MPEP 103 Public Access to Patented Application Files MPEP 103 Required Fee Required for Access to Application Files MPEP 103 Permitted Public Access to Published Abandoned Patent Applications MPEP 103 Permitted Access to US Patent Applications Only When Open MPEP 103 Petition for Access with Special Circumstances Required MPEP 103 Required Other Related FAQs 5 FAQs Collapse How does 37 CFR 1.136 affect time periods in patent applications? When ...