When can third parties access an international patent application?

Third parties cannot access an international patent application until the earliest of:

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

This is specified in 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: (i) date of the international publication of the international application, (ii) date of receipt of the communication of the international application under Article 20, (iii) date of receipt of a copy of the international application under Article 22.”

Topics: MPEP 110-Confidential Nature of International Applications, Patent Law
Tags: international patent applications, MPEP 110, patent application confidentiality, PCT applications, third party access