When is a patent application file available to the public?

A patent application file becomes available to the public in the following situations:

  1. When the application has issued as a patent or published as a statutory invention registration
  2. When the application has been published and subsequently abandoned
  3. When the application has been published and is still pending
  4. When an unpublished, abandoned application is identified or relied upon in certain public documents
  5. When the benefit of an unpublished pending application is claimed in certain public documents

These conditions are outlined in 37 CFR 1.14(a)(1). In most cases, a fee is required to access the application file contents.

Topics: MPEP 102-Information as to Status of an Application, Patent Law, Patent Procedure
Tags: file access, international patent applications, public availability, unpublished applications