When is it necessary to inspect previously abandoned application files or granted patents?

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.

Inspection of previously abandoned application files or granted patents becomes necessary in certain situations during patent examination:

1. When examining a reissue application
2. During a reexamination proceeding
3. When evaluating potential prior art
4. To understand the prosecution history of related applications

MPEP 901.01(a) states: “In the examination of an application, it is sometimes necessary to inspect the application papers of some previously abandoned application (provisional or nonprovisional) or granted patent. This is always true in the case of a reissue application and reexamination proceeding.” This practice ensures that examiners have access to all relevant information when making patentability determinations.