What are the exceptions to public inspection of patent application files?

While most patent application files are available for public inspection, there are several exceptions:

  • Pending or abandoned applications that have not been published under 35 U.S.C. 122(b)
  • Applications subject to a secrecy order
  • Provisional applications
  • Applications that have been terminated or denied and are no longer open to public inspection
  • Interference files, until judgment is entered (subject to certain exceptions)
  • Applications for extension of patent term and any related submissions
  • Certain trade secret, proprietary, and protective order materials

These exceptions are in place to protect confidential information and maintain the integrity of the patent application process.

Topics: MPEP 103-Right of Public To Inspect Patent Files and Some Application Files, Patent Law, Patent Procedure
Tags: nonprovisional applications, patent application confidentiality, patent application files, patent publication exceptions, public inspection, secrecy orders