When is a patent application file available to the public?
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.
A patent application file becomes available to the public in the following situations:
- When the application has issued as a patent or published as a statutory invention registration
- When the application has been published and subsequently abandoned
- When the application has been published and is still pending
- When an unpublished, abandoned application is identified or relied upon in certain public documents
- When the benefit of an unpublished pending application is claimed in certain public documents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