QUESTION

How can I view a patent application?

Asked on Feb 10th, 2013 on Patents - California
More details to this question:
Seeking to view the patent application of a competing product, which states: Patent Pending, U.S. SN 61/705,026 Cannot find anything in USPTO. Is this application hidden?
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5 ANSWERS

Licensing Attorney serving Portland, OR at Mark S. Hubert PC
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Yes the patent application is held in secret for at least 18 months. After this time unless they have filed a non publication request, it can be viewed in public pairs on the uspto website.
Answered on Feb 11th, 2013 at 8:28 PM

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This particular patent application is hidden from public access at the Patent Office. The application number you reference is for a provisional patent application. Provisional patent applications are never published and only become available to the public once they are referenced in a subsequent non-provisional patent application. Similarly non-provisional patent applications are hidden and not publicly available until they are published at 18 months from filing date. In fact, the patentee may file a non-publication request for a non-provisional patent application. In that case, the non-provisional patent application is never published and only the issued patent is published.
Answered on Feb 11th, 2013 at 8:27 PM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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If the application has not yet been published (they are typically published 18 months after their filing date) then you cannot view the applications online. In the case of provisional patent applications (which I think the reference you are referring to is a provisional), they are never published online.
Answered on Feb 11th, 2013 at 8:15 PM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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This is a secret filing - as are All Provisional Patent Applications. Based on the Serial Number given - this application was filed in September or October of 2012 - and will remain "patent pending" for one year from the filing date. Before the one-year term expires, the application must be converted to a full utility patent application by filing either a formal US Application or a PCT Application. These applications could then be published at the 18-month anniversary of the original provisional filing. However - such publication can be blocked by the applicant if a non-publication request is filed with the formal US Application and no PCT Application (or other foreign application) is filed. If so, the application will NOT become available until a patent is granted - typically in about 3 years (or more).
Answered on Feb 11th, 2013 at 8:14 PM

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Intellectual Property Attorney serving Irvine, CA at Shimokaji & Associates, P.C.
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It appears that the competing product may be covered by a provisional patent application. These applications are not subject to public inspection in the patent office.
Answered on Feb 11th, 2013 at 8:11 PM

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