What information about patent applications is publicly available?

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.

Certain information about patent applications is publicly available, even if the full application is not. According to 37 CFR 1.14(a)(1)(ii) and (iii), for published applications, the following information may be communicated without a petition for access:

  • Whether the application is pending, abandoned, or patented
  • Whether the application has been published under 35 U.S.C. 122(b)
  • The application “numerical identifier” (application number or serial number plus filing date)
  • Whether another application claims the benefit of the application

For published applications, “A copy of the application-as-filed, the file contents of the application, or a specific document in the file of a pending published application may be provided to any person upon request and payment of the appropriate fee set forth in §1.19(b).”

However, for unpublished applications, this information is generally not available to the public unless the application is identified or relied upon in a patent document or other published application.

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

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

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