When can third parties access an international patent application?

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.

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: Access International, Access Pct Published, Pct Article 34 Amendments, Pct Receiving Office, Third Party Fee