When can national offices allow access to international patent applications?

National offices have specific restrictions on allowing access to international patent applications. According to MPEP 110, which cites PCT Article 30(2)(a), No national Office shall allow access to the international application by third parties unless requested or authorized by the applicant, before the earliest of the following dates:

  • Date of international publication
  • Date of receipt of the communication under PCT Article 20
  • Date of receipt of a copy under PCT Article 22

This provision ensures that the confidentiality of the application is maintained until certain milestones in the patent process are reached.

Topics: MPEP 110-Confidential Nature of International Applications, Patent Law, Patent Procedure