What happens to application access restrictions after publication?

Access restrictions on patent applications change significantly after publication. According to MPEP 106, “Of course, after the application has published pursuant to 35 U.S.C. 122(b), the application will be available to the public and any restriction on the inventor to access his or her application previously granted will no longer be in effect.”

This means that once a patent application is published, typically 18 months after the earliest filing date, any previously imposed restrictions on access, including those on the inventor, are lifted. The application becomes publicly accessible, aligning with the USPTO’s goal of promoting transparency in the patent process.

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

For more information on USPTO procedures, visit: USPTO procedures.