What does MPEP Chapter 100 cover?
ANSWER
Secrecy,
Access,
National Security, and
Foreign Filing
What is the general rule of confidentiality?
See MPEP 101, 103.
ANSWER
Unpublished pending and abandoned applications are maintained in confidence by the PTO,
and access and copies can be had for only certain exceptions.
Issued patents and published application files are available to the public for viewing and cop-
ying.
Reissue files and re-examination files involve an issued patent, so they are also available to
the public.
When is an interference file available?
ANSWER
When the interference involves a patent, a reissue, or a published application.
1
, If the interference involves an unpublished and unissued application, the files are available
if:
(1) the interference has been terminated, or
(2) an award of priority has been made.
When will the PTO provide the status of an application?
ANSWER
(1) When access can be obtained,
(2) When the application is identified by serial number and filing date in a published patent
document (foreign or US) or a US application open to public inspection, or
(3) When a PCT application is in the national phase and the US has been designated.
Who can access a pending or abandoned file?
See MPEP 104.
ANSWER
(1) Inventors, even if interest has been assigned,
(2) Inventor named but filed without signature under 1.46 or 1.45,
(3) An assignee of an interest or exclusive license, and
(4) The attorney or agent of record or someone given written authority.
How long does the power to inspect given by attorney, assignee, or inventor continue?
ANSWER
Indefinitely unless limited in time.
How long does a petition for access granted by the PTO continue?
ANSWER
2
ANSWER
Secrecy,
Access,
National Security, and
Foreign Filing
What is the general rule of confidentiality?
See MPEP 101, 103.
ANSWER
Unpublished pending and abandoned applications are maintained in confidence by the PTO,
and access and copies can be had for only certain exceptions.
Issued patents and published application files are available to the public for viewing and cop-
ying.
Reissue files and re-examination files involve an issued patent, so they are also available to
the public.
When is an interference file available?
ANSWER
When the interference involves a patent, a reissue, or a published application.
1
, If the interference involves an unpublished and unissued application, the files are available
if:
(1) the interference has been terminated, or
(2) an award of priority has been made.
When will the PTO provide the status of an application?
ANSWER
(1) When access can be obtained,
(2) When the application is identified by serial number and filing date in a published patent
document (foreign or US) or a US application open to public inspection, or
(3) When a PCT application is in the national phase and the US has been designated.
Who can access a pending or abandoned file?
See MPEP 104.
ANSWER
(1) Inventors, even if interest has been assigned,
(2) Inventor named but filed without signature under 1.46 or 1.45,
(3) An assignee of an interest or exclusive license, and
(4) The attorney or agent of record or someone given written authority.
How long does the power to inspect given by attorney, assignee, or inventor continue?
ANSWER
Indefinitely unless limited in time.
How long does a petition for access granted by the PTO continue?
ANSWER
2
