What are the rules for accessing reissue application files?

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.

Reissue application files have specific access rules as outlined in MPEP 103:

‘All reissue applications, both pending and abandoned, are open to public inspection and copying.’

This means that:

  • Anyone can access reissue application files
  • No special permission is required
  • Both pending and abandoned reissue applications are available

However, if the reissue application contains a request for continued examination (RCE) filed on or after March 16, 2013, access to the file may be restricted until publication.

For more information on public inspection, visit: public inspection.

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

Topics: MPEP 103-Right of Public To Inspect Patent Files and Some Application Files Patent Law Patent Procedure
Tags: Access Patent Copies, Access Pending, Access Records, Ida Mandatory Elements, third party access