What are the confidentiality requirements for interviews about unpublished patent applications?

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.

For unpublished patent applications, confidentiality is a critical concern. The MPEP states:

An interview concerning an application that has not been published under 35 U.S.C. 122(b) with an attorney or agent not of record who obtains authorization through use of the interview request form will be conducted based on the information and files supplied by the attorney or agent in view of the confidentiality requirements of 35 U.S.C. 122(a).

This means that for unpublished applications, the USPTO will only discuss information provided by the attorney or agent to maintain confidentiality. The examiner cannot disclose any information from the application file that hasn’t been supplied by the practitioner.

For more information on unpublished applications, visit: unpublished applications.