Right of Public To Inspect Patent Files and Some Application Files

Section 103 governs who has the right to inspect patent files and application files. Issued patents and published applications are open to public inspection, but pending unpublished applications are kept confidential except in specific circumstances.

Key Points

Issued patents and published applications are open to public inspection
Unpublished pending applications kept confidential under 35 USC 122
Reissue applications open to public inspection
Access to unpublished application requires written authorization from applicant
Power to inspect not accepted in IFW applications — use Private PAIR

EXAM TIP

The public can inspect issued patents and published applications freely — but pending unpublished applications are confidential and require written authorization from the applicant, inventor, assignee, or attorney of record.

Common Mistakes

1.Thinking all patent files are publicly available — pending unpublished apps are confidential.

2.Confusing power to inspect with general public access rights.

3.Missing that IFW applications do not accept powers to inspect — access is through Private PAIR.

Want to study every MPEP section in depth?

Create a free account to access all 29 MPEP chapters, ~50 practice questions, and a full exam simulation.

Get started free →