What is the procedure for accessing unpublished patent applications?

According to MPEP 102, accessing unpublished patent applications requires specific procedures:

“Applications that were not published or patented, that are not the subject of a benefit claim under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) in an application that has issued as a U.S. patent, an application that has published as a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3), or are not identified in a U.S. patent, a statutory invention registration, a U.S. patent application publication, an international publication of an international application under PCT Article 21(2), or a publication of an international registration under Hague Agreement Article 10(3) of an international design application designating the United States, are not available to the public.”

In such cases, a granted petition for access or a power to inspect is necessary to obtain the application or a copy of the application. The specific requirements for these procedures are outlined in 37 CFR 1.14(i) and (c) respectively.

For more information on petition for access, visit: petition for access.

For more information on unpublished applications, visit: unpublished applications.