What is the general rule regarding access to pending patent applications?

The general rule regarding access to pending patent applications is that they are accessible only by authorized persons. This means that while the information contained in a pending application is not available to the general public, certain stakeholders, such as the applicant, their representatives (like attorneys or agents), and specific government officials, have the right to access these applications.

This controlled access system ensures that sensitive and proprietary information remains confidential until a decision is made on the application, thus protecting the interests of the inventor and maintaining the integrity of the application process. Furthermore, a pending application does not become publicly available until it has been published, which typically happens 18 months after the earliest filing date unless a specific request to not publish is made by the applicant.

Public access to pending applications only shifts to broader accessibility with publication or after the application is allowed and converted to an issued patent. This level of restriction contrasts sharply with the accessibility of issued patents, which are fully public documents that anyone can examine.