MPEP § 104 — Power to Inspect Application (Annotated Rules)

§104 Power to Inspect Application

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 104, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Power to Inspect Application

This section addresses Power to Inspect Application. Primary authority: 35 U.S.C. 122(a), 37 CFR 1.11, and 37 CFR 1.14. Contains: 2 requirements, 2 prohibitions, 1 permission, and 8 other statements.

Key Rules

Topic

Image File Wrapper (IFW) Access

4 rules
StatutoryInformativeAlways
[mpep-104-64c4b52b90f277c414b53db3]
Inspection Not Allowed In IFW Applications
Note:
Applicants and attorneys cannot inspect or make copies of Image File Wrapper applications through Private PAIR or Patent Center.

Powers to inspect are not accepted in Image File Wrapper (IFW) applications. IFW applications are available through the Private Patent Application Information Retrieval (PAIR) system, and pro se applicants and attorneys of record have direct access to the IFW through Private PAIR (when a Customer Number is associated with the correspondence address for the application, and the applicant or attorney has access to Private PAIR for the customer number). In addition, IFW application files of published applications or patents are available at least through Patent Center. If for some reason an applicant, inventor, assignee, or attorney or agent of record cannot view an IFW application through Private PAIR or Patent Center, then a copy of the application must be purchased from the Patent and Trademark Copy Fulfillment Branch of the Public Records Division. A "power to inspect" is, in effect, the same as a "power to inspect and make copies."

Jump to MPEP Source · 37 CFR 1.14Image File Wrapper (IFW) AccessDocument Retrieval via Patent CenterAccess to Patent Application Files (MPEP 101-106)
StatutoryInformativeAlways
[mpep-104-e4f8361eb252ae8ed5395281]
IFW Applications Available Through PAIR
Note:
Pro se applicants and attorneys of record can access Image File Wrapper applications through Private PAIR when a Customer Number is associated with the correspondence address.

Powers to inspect are not accepted in Image File Wrapper (IFW) applications. IFW applications are available through the Private Patent Application Information Retrieval (PAIR) system, and pro se applicants and attorneys of record have direct access to the IFW through Private PAIR (when a Customer Number is associated with the correspondence address for the application, and the applicant or attorney has access to Private PAIR for the customer number). In addition, IFW application files of published applications or patents are available at least through Patent Center. If for some reason an applicant, inventor, assignee, or attorney or agent of record cannot view an IFW application through Private PAIR or Patent Center, then a copy of the application must be purchased from the Patent and Trademark Copy Fulfillment Branch of the Public Records Division. A "power to inspect" is, in effect, the same as a "power to inspect and make copies."

Jump to MPEP Source · 37 CFR 1.14Image File Wrapper (IFW) AccessPrivate PAIR AccessPublic PAIR Access
StatutoryInformativeAlways
[mpep-104-329c86cd1cabb4c1fe28984c]
Published Applications Available Through Patent Center
Note:
Published applications and patents can be accessed through Patent Center, allowing for viewing of IFW application files.

Powers to inspect are not accepted in Image File Wrapper (IFW) applications. IFW applications are available through the Private Patent Application Information Retrieval (PAIR) system, and pro se applicants and attorneys of record have direct access to the IFW through Private PAIR (when a Customer Number is associated with the correspondence address for the application, and the applicant or attorney has access to Private PAIR for the customer number). In addition, IFW application files of published applications or patents are available at least through Patent Center. If for some reason an applicant, inventor, assignee, or attorney or agent of record cannot view an IFW application through Private PAIR or Patent Center, then a copy of the application must be purchased from the Patent and Trademark Copy Fulfillment Branch of the Public Records Division. A "power to inspect" is, in effect, the same as a "power to inspect and make copies."

Jump to MPEP Source · 37 CFR 1.14Image File Wrapper (IFW) AccessDocument Retrieval via Patent CenterAccess to Application Files
StatutoryProhibitedAlways
[mpep-104-191343c13ff0775356d761bb]
Copy Required for Unavailable IFW Applications
Note:
If an applicant, inventor, assignee, or attorney cannot view an Image File Wrapper application through Private PAIR or Patent Center, a copy must be purchased from the Public Records Division.

Powers to inspect are not accepted in Image File Wrapper (IFW) applications. IFW applications are available through the Private Patent Application Information Retrieval (PAIR) system, and pro se applicants and attorneys of record have direct access to the IFW through Private PAIR (when a Customer Number is associated with the correspondence address for the application, and the applicant or attorney has access to Private PAIR for the customer number). In addition, IFW application files of published applications or patents are available at least through Patent Center. If for some reason an applicant, inventor, assignee, or attorney or agent of record cannot view an IFW application through Private PAIR or Patent Center, then a copy of the application must be purchased from the Patent and Trademark Copy Fulfillment Branch of the Public Records Division. A "power to inspect" is, in effect, the same as a "power to inspect and make copies."

Jump to MPEP Source · 37 CFR 1.14Image File Wrapper (IFW) AccessPrivate PAIR AccessPractitioner Authority to Inspect
Topic

Access to Patent Application Files (MPEP 101-106)

3 rules
StatutoryInformativeAlways
[mpep-104-9a441e99bd94e33bfa056e3c]
Written Authority for Access Becomes Part of Record
Note:
A written order from the Director granting access to a pending or abandoned application will be recorded as part of the application's file.

For applications filed on or after September 16, 2012, the applicant, a patent practitioner of record, the assignee or an assignee of an undivided part interest, or an inventor may provide a written authority for access to a pending or abandoned application kept in confidence under 35 U.S.C. 122(a), except as provided in 37 CFR 1.11, 1.14, 41.6, or 42.412. The written authority must identify the application to be inspected and the name of the person authorized to have access, and will be made of record. Access provided upon the written order of the Director will also become a part of the record of the application.

Jump to MPEP Source · 37 CFR 1.11Access to Patent Application Files (MPEP 101-106)Access to Abandoned ApplicationsAssignee of Part Interest (MPEP 106.01)
StatutoryProhibitedAlways
[mpep-104-e5e74d67c9a99f33444e30a0]
Permission for Inspection Not Continuous
Note:
The permission to inspect application files given by the Director is not ongoing as the conditions that justified it may no longer apply.

Permission to inspect given by the Director, however, is not of a continuing nature, since the conditions that justified the permission to inspect when given may not apply at a later date.

Jump to MPEP Source · 37 CFR 1.14Access to Patent Application Files (MPEP 101-106)AIA vs Pre-AIA Practice
StatutoryPermittedAlways
[mpep-104-0b806664cd416861dff6ca1e]
Authorization for Access to Application Required
Note:
All personnel must obtain a signed authorization from an entitled person to access patent applications, which must specify the application number and be recorded in the file.

In order to ensure that access to patent applications, other than applications that are available pursuant to 37 CFR 1.11 or 1.14, and Board records are given only to persons who are entitled thereto or who are specially authorized to have access under 37 CFR 1.11, 1.14 and 41.6 and to ensure also that the file record identifies any such specially authorized person who has been given access to a file, the following practice will be observed by all personnel of the U.S. Patent and Trademark Office:

Form PTO/SB/67 may be used for this purpose.

Jump to MPEP Source · 37 CFR 1.11Access to Patent Application Files (MPEP 101-106)Practitioner Authority to InspectWritten Authority to Inspect
Topic

Execution of Power to Inspect

3 rules
StatutoryInformativeAlways
[mpep-104-6822942210bbeb51aa97f3cf]
Power to Inspect Ceases After Filing Power of Attorney
Note:
Once a power of attorney is filed, any previously signed power to inspect by a patent practitioner without an appointed power of attorney becomes无效

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. For a discussion of power of attorney in an application, see MPEP § 402.

Jump to MPEP Source · 37 CFR 1.34Execution of Power to InspectPractitioner Authority to InspectPOA Form Requirements
StatutoryInformativeAlways
[mpep-104-4c5569c07a56d2f47dbf4645]
Patent Practitioner Must File Power of Attorney
Note:
A patent practitioner must file a power of attorney for a representative to execute an inspection of the application if none was previously filed.

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. For a discussion of power of attorney in an application, see MPEP § 402.

Jump to MPEP Source · 37 CFR 1.34Execution of Power to InspectPractitioner Authority to InspectPower of Attorney Requirements
StatutoryInformativeAlways
[mpep-104-f50d7b7aa510608bc1f45daf]
Power of Attorney for Inspection Ceases After Oath
Note:
Once an oath or declaration is filed, any previously granted power of attorney for inspection by a registered attorney or agent ceases to be effective.

A person acting in a representative capacity under 37 CFR 1.34 may execute a power to inspect an application only if the attorney or agent 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 an executed oath or declaration has not been filed. Once an executed oath or declaration has been filed, any previously filed power to inspect signed by a registered attorney or agent who does not have a power of attorney will cease to have effect. For a discussion of power of attorney in an application, see MPEP § 402.

Jump to MPEP Source · 37 CFR 1.34Execution of Power to InspectPractitioner Authority to InspectPower of Attorney Requirements
Topic

Access to Oath/Declaration

3 rules
StatutoryPermittedAlways
[mpep-104-09549cf24310a3ee4b58bb81]
Attorney or Agent Must Be Named for Power of Inspection
Note:
An attorney or agent must be named in the application transmittal papers to execute a power to inspect, unless an oath or declaration has been filed.

A person acting in a representative capacity under 37 CFR 1.34 may execute a power to inspect an application only if the attorney or agent 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 an executed oath or declaration has not been filed. Once an executed oath or declaration has been filed, any previously filed power to inspect signed by a registered attorney or agent who does not have a power of attorney will cease to have effect. For a discussion of power of attorney in an application, see MPEP § 402.

Jump to MPEP Source · 37 CFR 1.34Access to Oath/DeclarationAccess to National Stage ApplicationsExecution of Power to Inspect
StatutoryInformativeAlways
[mpep-104-f1b64b3935c019772e794a75]
Oath/Declaration Takes Effect Over Power of Inspection
Note:
Once an oath or declaration is filed, any previously filed power to inspect by a registered attorney without a power of attorney ceases to be effective.

A person acting in a representative capacity under 37 CFR 1.34 may execute a power to inspect an application only if the attorney or agent 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 an executed oath or declaration has not been filed. Once an executed oath or declaration has been filed, any previously filed power to inspect signed by a registered attorney or agent who does not have a power of attorney will cease to have effect. For a discussion of power of attorney in an application, see MPEP § 402.

Jump to MPEP Source · 37 CFR 1.34Access to Oath/DeclarationExecution of Power to InspectPractitioner Authority to Inspect
StatutoryPermittedAlways
[mpep-104-20b61c31f751dab736611bb6]
No Power of Attorney in Provisional Applications
Note:
Provisional applications do not require an oath or declaration, thus may lack a power of attorney.

In order to ensure that access to patent applications, other than applications that are available pursuant to 37 CFR 1.11 or 1.14, and Board records are given only to persons who are entitled thereto or who are specially authorized to have access under 37 CFR 1.11, 1.14 and 41.6 and to ensure also that the file record identifies any such specially authorized person who has been given access to a file, the following practice will be observed by all personnel of the U.S. Patent and Trademark Office:

Since provisional applications do not require an oath or declaration, there may be no power of attorney in the application.

Jump to MPEP Source · 37 CFR 1.11Access to Oath/DeclarationExecution of Power to InspectPractitioner Authority to Inspect
Topic

Power to Inspect Application (MPEP 104)

3 rules
StatutoryInformativeAlways
[mpep-104-3bff7ad8995fbce0ff7717eb]
Inspection and Copying Are Equivalent
Note:
An inspection power is the same as having the ability to make copies of an application.

Powers to inspect are not accepted in Image File Wrapper (IFW) applications. IFW applications are available through the Private Patent Application Information Retrieval (PAIR) system, and pro se applicants and attorneys of record have direct access to the IFW through Private PAIR (when a Customer Number is associated with the correspondence address for the application, and the applicant or attorney has access to Private PAIR for the customer number). In addition, IFW application files of published applications or patents are available at least through Patent Center. If for some reason an applicant, inventor, assignee, or attorney or agent of record cannot view an IFW application through Private PAIR or Patent Center, then a copy of the application must be purchased from the Patent and Trademark Copy Fulfillment Branch of the Public Records Division. A "power to inspect" is, in effect, the same as a "power to inspect and make copies."

Jump to MPEP Source · 37 CFR 1.14Power to Inspect Application (MPEP 104)Access to Patent Application Files (MPEP 101-106)AIA vs Pre-AIA Practice
StatutoryRequiredAlways
[mpep-104-46495b1c0bdd3d4523eb0a4f]
Power to inspect must name specific person
Note:
The power to inspect an application must be specifically named and identify the application by number, prohibiting access for associates or representatives.

In order to ensure that access to patent applications, other than applications that are available pursuant to 37 CFR 1.11 or 1.14, and Board records are given only to persons who are entitled thereto or who are specially authorized to have access under 37 CFR 1.11, 1.14 and 41.6 and to ensure also that the file record identifies any such specially authorized person who has been given access to a file, the following practice will be observed by all personnel of the U.S. Patent and Trademark Office:

The power to inspect must specifically name the person who is entitled to inspect and copy the application.

Jump to MPEP Source · 37 CFR 1.11Power to Inspect Application (MPEP 104)Access to Patent Application Files (MPEP 101-106)Practitioner Authority to Inspect
StatutoryRequiredAlways
[mpep-104-572169a345ffc73cf9a75a26]
Power to inspect must specify application number and be limited to one application
Note:
The power to inspect a patent application must specifically name the application by its number and is restricted to that single application only.

In order to ensure that access to patent applications, other than applications that are available pursuant to 37 CFR 1.11 or 1.14, and Board records are given only to persons who are entitled thereto or who are specially authorized to have access under 37 CFR 1.11, 1.14 and 41.6 and to ensure also that the file record identifies any such specially authorized person who has been given access to a file, the following practice will be observed by all personnel of the U.S. Patent and Trademark Office:

Further, the power to inspect must specifically identify the application by application number and be limited to a single application.

Jump to MPEP Source · 37 CFR 1.11Power to Inspect Application (MPEP 104)Access to Patent Application Files (MPEP 101-106)Practitioner Authority to Inspect
Topic

Written Authority to Inspect

2 rules
StatutoryRequiredAlways
[mpep-104-5def071bfdef23add681ae9d]
Written Authority for Access to Confidential Application Required
Note:
The written authority must identify the application and the authorized person, and will be recorded in the application file.

For applications filed on or after September 16, 2012, the applicant, a patent practitioner of record, the assignee or an assignee of an undivided part interest, or an inventor may provide a written authority for access to a pending or abandoned application kept in confidence under 35 U.S.C. 122(a), except as provided in 37 CFR 1.11, 1.14, 41.6, or 42.412. The written authority must identify the application to be inspected and the name of the person authorized to have access, and will be made of record. Access provided upon the written order of the Director will also become a part of the record of the application.

Jump to MPEP Source · 37 CFR 1.11Written Authority to InspectPower to Inspect Application (MPEP 104)Access to Patent Application Files (MPEP 101-106)
StatutoryRequiredAlways
[mpep-104-a464d41e7b78ae90580e10a5]
Access Requires Written Authorization from Registered Person
Note:
Unregistered employees and others not covered by paragraphs (A) and (B) must obtain written authorization signed by a registered person to access patent applications.

In order to ensure that access to patent applications, other than applications that are available pursuant to 37 CFR 1.11 or 1.14, and Board records are given only to persons who are entitled thereto or who are specially authorized to have access under 37 CFR 1.11, 1.14 and 41.6 and to ensure also that the file record identifies any such specially authorized person who has been given access to a file, the following practice will be observed by all personnel of the U.S. Patent and Trademark Office:

(C) 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.

Jump to MPEP Source · 37 CFR 1.11Written Authority to InspectPower to Inspect Application (MPEP 104)PTAB Jurisdiction
Topic

Assignee as Applicant Signature

2 rules
StatutoryPermittedAlways
[mpep-104-b76eb3ee727a1cfff4afce3a]
Permission for Competitors to Inspect Application
Note:
A competitor can petition the Director for permission to inspect an applicant's application if it is used to interfere with their business or customers.

Where an applicant relied on the applicant's application as a means to interfere with a competitor’s business or customers, permission to inspect the application may be given the competitor by the Director. Such permission is via petition for access under 37 CFR 1.14(i).

Jump to MPEP Source · 37 CFR 1.14(i)Assignee as Applicant SignaturePetition for Access (37 CFR 1.14(i))Applicant and Assignee Filing Under AIA
StatutoryRequiredAlways
[mpep-104-be44a11626a696adca778793]
Access Given Upon Proof of Identity
Note:
Patent applications and records are accessible to applicants, inventors, patentees, assignees, or their attorneys upon proof of identity or recognition.

In order to ensure that access to patent applications, other than applications that are available pursuant to 37 CFR 1.11 or 1.14, and Board records are given only to persons who are entitled thereto or who are specially authorized to have access under 37 CFR 1.11, 1.14 and 41.6 and to ensure also that the file record identifies any such specially authorized person who has been given access to a file, the following practice will be observed by all personnel of the U.S. Patent and Trademark Office (A) Access, as provided for in the rules, will be given on oral request to any applicant, inventor, patentee, assignee, or attorney or agent of record in an application or patent only upon proof of identity or upon recognition based on personal acquaintance.

Jump to MPEP Source · 37 CFR 1.11Assignee as Applicant SignatureApplicant and Assignee Filing Under AIAAIA vs Pre-AIA Practice
Topic

Access to Abandoned Applications

1 rules
StatutoryPermittedAlways
[mpep-104-295cb359637d14b84a5d17f7]
Written Authority Required for Access to Abandoned Patents
Note:
Patent applicants, practitioners, assignees, and inventors must provide written authorization to access pending or abandoned applications kept in confidence under 35 U.S.C. 122(a), except as otherwise provided.

For applications filed on or after September 16, 2012, the applicant, a patent practitioner of record, the assignee or an assignee of an undivided part interest, or an inventor may provide a written authority for access to a pending or abandoned application kept in confidence under 35 U.S.C. 122(a), except as provided in 37 CFR 1.11, 1.14, 41.6, or 42.412. The written authority must identify the application to be inspected and the name of the person authorized to have access, and will be made of record. Access provided upon the written order of the Director will also become a part of the record of the application.

Jump to MPEP Source · 37 CFR 1.11Access to Abandoned ApplicationsAssignee of Part Interest (MPEP 106.01)Practitioner Authority to Inspect
Topic

Access to National Stage Applications

1 rules
StatutoryPermittedAlways
[mpep-104-a574f31abe0fe5087abccb6f]
Patent Practitioner Must Be Named for Power of Inspection
Note:
A patent practitioner must be named in the application transmittal papers or national stage documents for a person to execute a power to inspect an application.

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. For a discussion of power of attorney in an application, see MPEP § 402.

Jump to MPEP Source · 37 CFR 1.34Access to National Stage ApplicationsExecution of Power to InspectPractitioner Authority to Inspect
Topic

Access to Pending Applications

1 rules
StatutoryPermittedAlways
[mpep-104-1f0959aa89101ff248ef9165]
Access to Application Files Restricted
Note:
Only the applicant, their attorney of record, an assignee with a recorded assignment, or upon written order from the Director can access pending application files.

For applications filed prior to September 16, 2012, if an executed oath or declaration pursuant to 37 CFR 1.63 or 1.497 has been filed, no person but the applicant (any one of joint applicants), an attorney or agent of record (if a power of attorney was filed), or an assignee whose assignment is of record will be permitted to have access to the file of any pending application kept in confidence under 35 U.S.C. 122(a), except as provided for under 37 CFR 1.11, 1.14, 41.6, or 42.412, unless written authority from one of the above indicated parties, identifying the application to be inspected and the name of the person authorized to have access, is made of record, or upon the written order of the Director, which will also become a part of the record of the application.

Jump to MPEP Source · 37 CFR 1.63Access to Pending ApplicationsAccess to Oath/DeclarationExecution of Power to Inspect
Topic

Access to Application Files

1 rules
StatutoryRequiredAlways
[mpep-104-64041e24491d2143d8a956f6]
Access to Patent Applications and Records Must Be Controlled
Note:
The U.S. Patent and Trademark Office requires that access to patent applications and records be granted only to entitled persons or those specially authorized under specific rules, with file records identifying any such authorized person.
In order to ensure that access to patent applications, other than applications that are available pursuant to 37 CFR 1.11 or 1.14, and Board records are given only to persons who are entitled thereto or who are specially authorized to have access under 37 CFR 1.11, 1.14 and 41.6 and to ensure also that the file record identifies any such specially authorized person who has been given access to a file, the following practice will be observed by all personnel of the U.S. Patent and Trademark Office:
  • (A) Access, as provided for in the rules, will be given on oral request to any applicant, inventor, patentee, assignee, or attorney or agent of record in an application or patent only upon proof of identity or upon recognition based on personal acquaintance.
  • (B) Where a power of attorney or authorization of agent was given to a registered firm prior to July 2, 1971, access will be given upon oral request as in paragraph (A) above to any registered member or employee of the firm who has signatory power for the firm.
  • (C) 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. The power to inspect must specifically name the person who is entitled to inspect and copy the application. An associate or representative of the named person is not entitled to access to the application on behalf of the authorized person. Further, the power to inspect must specifically identify the application by application number and be limited to a single application. Form PTO/SB/67 may be used for this purpose.
  • (D) In provisional applications, access or certified copies may only be requested by parties with written authority from a named inventor, the applicant, the assignee of record, or the attorney or agent of record, unless the application is available pursuant to 37 CFR 1.14(a)(1)(iv)-(vi). Since provisional applications do not require an oath or declaration, there may be no power of attorney in the application. If the person requesting a certified copy is not a named inventor, the applicant, assignee of record, or an attorney or agent of record, the requested certified copy will be supplied to the correspondence address of the provisional application
Jump to MPEP Source · 37 CFR 1.11Access to Application FilesOrdering Certified CopiesPTAB Jurisdiction
Topic

PTAB Jurisdiction

1 rules
StatutoryRequiredAlways
[mpep-104-ec43e0ce2cfc0124ab3ace36]
Access to Firm's Patent Applications for Registered Members with Signatory Power
Note:
This rule permits registered members or employees of a firm, who have signatory power, to access patent applications upon oral request if they were given power of attorney before July 2, 1971.

In order to ensure that access to patent applications, other than applications that are available pursuant to 37 CFR 1.11 or 1.14, and Board records are given only to persons who are entitled thereto or who are specially authorized to have access under 37 CFR 1.11, 1.14 and 41.6 and to ensure also that the file record identifies any such specially authorized person who has been given access to a file, the following practice will be observed by all personnel of the U.S. Patent and Trademark Office:

(B) Where a power of attorney or authorization of agent was given to a registered firm prior to July 2, 1971, access will be given upon oral request as in paragraph (A) above to any registered member or employee of the firm who has signatory power for the firm.

Jump to MPEP Source · 37 CFR 1.11PTAB JurisdictionPTAB Contested Case ProceduresPower of Attorney Requirements
Topic

Practitioner Authority to Inspect

1 rules
StatutoryRequiredAlways
[mpep-104-fe6305c10068d7362ba6aad9]
Authorized Representative Only
Note:
An authorized representative of the named person cannot access the application on behalf of the authorized person.

In order to ensure that access to patent applications, other than applications that are available pursuant to 37 CFR 1.11 or 1.14, and Board records are given only to persons who are entitled thereto or who are specially authorized to have access under 37 CFR 1.11, 1.14 and 41.6 and to ensure also that the file record identifies any such specially authorized person who has been given access to a file, the following practice will be observed by all personnel of the U.S. Patent and Trademark Office:

An associate or representative of the named person is not entitled to access to the application on behalf of the authorized person.

Jump to MPEP Source · 37 CFR 1.11Practitioner Authority to InspectAccess to Patent Application Files (MPEP 101-106)Written Authority to Inspect
Topic

Assignee of Entire Interest

1 rules
StatutoryPermittedAlways
[mpep-104-5198022225bbc26182c78ec8]
Access to Provisional Applications Requires Written Authority
Note:
Parties must have written authority from a named inventor, applicant, assignee, or attorney/agent of record to request access or certified copies in provisional applications.

In order to ensure that access to patent applications, other than applications that are available pursuant to 37 CFR 1.11 or 1.14, and Board records are given only to persons who are entitled thereto or who are specially authorized to have access under 37 CFR 1.11, 1.14 and 41.6 and to ensure also that the file record identifies any such specially authorized person who has been given access to a file, the following practice will be observed by all personnel of the U.S. Patent and Trademark Office:

(D) In provisional applications, access or certified copies may only be requested by parties with written authority from a named inventor, the applicant, the assignee of record, or the attorney or agent of record, unless the application is available pursuant to 37 CFR 1.14(a)(1)(iv)-(vi).

Jump to MPEP Source · 37 CFR 1.11Assignee of Entire InterestPractitioner Authority to InspectWritten Authority to Inspect
Topic

Access to Correspondence

1 rules
StatutoryRequiredAlways
[mpep-104-8c61d008861b0f4be22a022e]
Certified Copy Must Go to Correspondence Address
Note:
If the requester is not an inventor, applicant, assignee, or attorney of record, the certified copy will be sent to the provisional application's correspondence address.

In order to ensure that access to patent applications, other than applications that are available pursuant to 37 CFR 1.11 or 1.14, and Board records are given only to persons who are entitled thereto or who are specially authorized to have access under 37 CFR 1.11, 1.14 and 41.6 and to ensure also that the file record identifies any such specially authorized person who has been given access to a file, the following practice will be observed by all personnel of the U.S. Patent and Trademark Office:

If the person requesting a certified copy is not a named inventor, the applicant, assignee of record, or an attorney or agent of record, the requested certified copy will be supplied to the correspondence address of the provisional application

Jump to MPEP Source · 37 CFR 1.11Access to CorrespondenceAssignee of Entire InterestPractitioner Authority to Inspect

Citations

Primary topicCitation
Access to Abandoned Applications
Access to Patent Application Files (MPEP 101-106)
Access to Pending Applications
Written Authority to Inspect
35 U.S.C. § 122(a)
Access to Abandoned Applications
Access to Application Files
Access to Correspondence
Access to Oath/Declaration
Access to Patent Application Files (MPEP 101-106)
Access to Pending Applications
Assignee as Applicant Signature
Assignee of Entire Interest
PTAB Jurisdiction
Power to Inspect Application (MPEP 104)
Practitioner Authority to Inspect
Written Authority to Inspect
37 CFR § 1.11
Access to Application Files
Access to Correspondence
Access to Oath/Declaration
Assignee of Entire Interest
37 CFR § 1.14(a)(1)(iv)
Assignee as Applicant Signature37 CFR § 1.14(i)
Access to National Stage Applications
Execution of Power to Inspect
37 CFR § 1.32
Access to National Stage Applications
Access to Oath/Declaration
Execution of Power to Inspect
37 CFR § 1.34
Access to National Stage Applications
Access to Oath/Declaration
Execution of Power to Inspect
37 CFR § 1.495
Access to National Stage Applications
Access to Oath/Declaration
Execution of Power to Inspect
37 CFR § 1.53
Access to Pending Applications37 CFR § 1.63
Access to National Stage Applications
Access to Oath/Declaration
Execution of Power to Inspect
MPEP § 402

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31