How is access to patent applications granted to unregistered individuals?
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.
Access to patent applications for unregistered individuals is granted through a specific process outlined in MPEP 104:
“Unregistered employees of attorneys or agents, public stenographers, and all other persons not within the provisions of paragraphs (A) and (B) above will be given access only upon presentation of a written authorization for access (power to inspect) signed by a person specified in paragraph (A) above, which authorization will be entered as a part of the official file.”
This means that unregistered individuals must present a written authorization, often called a ‘power to inspect,’ signed by an authorized person such as the applicant, inventor, or attorney of record. The authorization must specifically name the person granted access and be limited to a single application. The USPTO provides Form PTO/SB/67 for this purpose.
For more information on Patent application access, visit: Patent application access.
For more information on power to inspect, visit: power to inspect.