How can a registered attorney or agent acting in a representative capacity grant access to inspect a patent application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

A person acting in a representative capacity under 37 CFR 1.34 may execute a power to inspect an application only if:

  • The patent practitioner was named in the application transmittal papers filed under 37 CFR 1.53 or the national stage documents filed under 37 CFR 1.495, and
  • A power of attorney has not been appointed under 37 CFR 1.32.

Once a power of attorney has been filed, any previously filed power to inspect signed by a patent practitioner who does not have a power of attorney will cease to have effect.

Topics: MPEP 104-Power to Inspect Application Patent Law
Tags: Access Oath Declaration, image file wrapper, Power Execution, power to inspect, written authority