Patent Law FAQ

For applications filed on or after September 16, 2012, the following parties can provide written authority to grant access to inspect 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:

1. The applicant
2. A patent practitioner of record
3. The assignee or an assignee of an undivided part interest
4. The inventor or a joint inventor

According to MPEP 104, access to inspect a patent application can be granted by specific individuals or entities. For applications filed on or after September 16, 2012, the following parties can provide written authority for access:

• The applicant
• A patent practitioner of record
• The assignee or an assignee of an undivided part interest
• The inventor or a joint inventor

The MPEP states: “The written authority must be signed by: (1) The applicant; (2) A patent practitioner of record; (3) The assignee or an assignee of an undivided part interest; (4) The inventor or a joint inventor; or (5) A registered attorney or agent named in the papers accompanying the application papers filed under §1.53 or the national stage documents filed under §1.495, if a power of attorney has not been appointed under § 1.32.”

For more information on application access, visit: application access.

For more information on power to inspect, visit: power to inspect.

For more information on written authority, visit: written authority.

The duration of a power to inspect granted by an applicant or inventor is generally ongoing until explicitly rescinded. According to MPEP 104:

“An unrestricted power to inspect given by an applicant or inventor is, under existing practice, recognized as in effect until and unless rescinded.”

This means that once granted, a power to inspect remains valid indefinitely unless the grantor takes action to revoke it. However, it’s important to note that this applies to unrestricted powers to inspect granted by applicants or inventors, and different rules may apply to other types of authorizations or parties.

For more information on Patent application access, visit: Patent application access.

Access to provisional patent applications is handled differently from non-provisional applications. According to MPEP 104:

“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).”

The MPEP further explains:

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

This means that access to provisional applications is more restricted and typically requires specific written authority from key parties involved in the application. The absence of a required oath or declaration in provisional applications also affects how access is granted, as there may not be a formal power of attorney on file.

For more information on certified copies, visit: certified copies.

For more information on written authority, visit: written authority.

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.

For patent applications filed before September 16, 2012, the rules for granting power to inspect are slightly different. According to MPEP 104:

“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.”

This means that for older applications, access is more restricted once an oath or declaration has been filed, limiting it to the applicant, attorney or agent of record, or assignee of record, unless specific exceptions apply.

For more information on application access, visit: application access.

For more information on power to inspect, visit: power to inspect.

For more information on pre-AIA applications, visit: pre-AIA applications.

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 Image File Wrapper (IFW) applications, the process of granting power to inspect is different. According to MPEP 104:

“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).”

This means that for IFW applications, access is typically granted through the Private PAIR system, eliminating the need for traditional powers to inspect. If access through Private PAIR is not possible, alternative methods for viewing the application may be necessary.

For more information on Patent application access, visit: Patent application access.

For more information on power to inspect, visit: power to inspect.

For more information on Private PAIR, visit: Private PAIR.

Yes, the Director of the USPTO has the authority to grant access to patent applications in certain circumstances. According to MPEP 104:

“Access provided upon the written order of the Director will also become a part of the record of the application.”

Additionally, the MPEP states:

“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).”

This means that in special cases, particularly where there may be competitive interests at stake, the Director can authorize access to an application. However, this permission is not of a continuing nature and may be subject to reevaluation based on changing circumstances.

For more information on Patent application access, visit: Patent application access.

For more information on petition for access, visit: petition for access.

Yes, but with limitations. According to MPEP 104:

“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.”

This means that a representative can execute a power to inspect only if they were named in the initial application papers and no formal power of attorney has been filed. Once a power of attorney is filed, any previously filed power to inspect by a practitioner without power of attorney becomes ineffective.

For more information on power to inspect, visit: power to inspect.

For more information on representative capacity, visit: representative capacity.

No, 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 an applicant, inventor, assignee, or attorney/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.

For applications filed on or after September 16, 2012, the following parties can provide written authority to grant access to inspect 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:

1. The applicant
2. A patent practitioner of record
3. The assignee or an assignee of an undivided part interest
4. The inventor or a joint inventor

According to MPEP 104, access to inspect a patent application can be granted by specific individuals or entities. For applications filed on or after September 16, 2012, the following parties can provide written authority for access:

• The applicant
• A patent practitioner of record
• The assignee or an assignee of an undivided part interest
• The inventor or a joint inventor

The MPEP states: “The written authority must be signed by: (1) The applicant; (2) A patent practitioner of record; (3) The assignee or an assignee of an undivided part interest; (4) The inventor or a joint inventor; or (5) A registered attorney or agent named in the papers accompanying the application papers filed under §1.53 or the national stage documents filed under §1.495, if a power of attorney has not been appointed under § 1.32.”

For more information on application access, visit: application access.

For more information on power to inspect, visit: power to inspect.

For more information on written authority, visit: written authority.

The duration of a power to inspect granted by an applicant or inventor is generally ongoing until explicitly rescinded. According to MPEP 104:

“An unrestricted power to inspect given by an applicant or inventor is, under existing practice, recognized as in effect until and unless rescinded.”

This means that once granted, a power to inspect remains valid indefinitely unless the grantor takes action to revoke it. However, it’s important to note that this applies to unrestricted powers to inspect granted by applicants or inventors, and different rules may apply to other types of authorizations or parties.

For more information on Patent application access, visit: Patent application access.

Access to provisional patent applications is handled differently from non-provisional applications. According to MPEP 104:

“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).”

The MPEP further explains:

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

This means that access to provisional applications is more restricted and typically requires specific written authority from key parties involved in the application. The absence of a required oath or declaration in provisional applications also affects how access is granted, as there may not be a formal power of attorney on file.

For more information on certified copies, visit: certified copies.

For more information on written authority, visit: written authority.

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.

For patent applications filed before September 16, 2012, the rules for granting power to inspect are slightly different. According to MPEP 104:

“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.”

This means that for older applications, access is more restricted once an oath or declaration has been filed, limiting it to the applicant, attorney or agent of record, or assignee of record, unless specific exceptions apply.

For more information on application access, visit: application access.

For more information on power to inspect, visit: power to inspect.

For more information on pre-AIA applications, visit: pre-AIA applications.

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 Image File Wrapper (IFW) applications, the process of granting power to inspect is different. According to MPEP 104:

“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).”

This means that for IFW applications, access is typically granted through the Private PAIR system, eliminating the need for traditional powers to inspect. If access through Private PAIR is not possible, alternative methods for viewing the application may be necessary.

For more information on Patent application access, visit: Patent application access.

For more information on power to inspect, visit: power to inspect.

For more information on Private PAIR, visit: Private PAIR.

Yes, the Director of the USPTO has the authority to grant access to patent applications in certain circumstances. According to MPEP 104:

“Access provided upon the written order of the Director will also become a part of the record of the application.”

Additionally, the MPEP states:

“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).”

This means that in special cases, particularly where there may be competitive interests at stake, the Director can authorize access to an application. However, this permission is not of a continuing nature and may be subject to reevaluation based on changing circumstances.

For more information on Patent application access, visit: Patent application access.

For more information on petition for access, visit: petition for access.

Yes, but with limitations. According to MPEP 104:

“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.”

This means that a representative can execute a power to inspect only if they were named in the initial application papers and no formal power of attorney has been filed. Once a power of attorney is filed, any previously filed power to inspect by a practitioner without power of attorney becomes ineffective.

For more information on power to inspect, visit: power to inspect.

For more information on representative capacity, visit: representative capacity.

No, 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 an applicant, inventor, assignee, or attorney/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.

According to MPEP 104, access to inspect a patent application can be granted by specific individuals or entities. For applications filed on or after September 16, 2012, the following parties can provide written authority for access:

• The applicant
• A patent practitioner of record
• The assignee or an assignee of an undivided part interest
• The inventor or a joint inventor

The MPEP states: “The written authority must be signed by: (1) The applicant; (2) A patent practitioner of record; (3) The assignee or an assignee of an undivided part interest; (4) The inventor or a joint inventor; or (5) A registered attorney or agent named in the papers accompanying the application papers filed under §1.53 or the national stage documents filed under §1.495, if a power of attorney has not been appointed under § 1.32.”

For more information on application access, visit: application access.

For more information on power to inspect, visit: power to inspect.

For more information on written authority, visit: written authority.

The duration of a power to inspect granted by an applicant or inventor is generally ongoing until explicitly rescinded. According to MPEP 104:

“An unrestricted power to inspect given by an applicant or inventor is, under existing practice, recognized as in effect until and unless rescinded.”

This means that once granted, a power to inspect remains valid indefinitely unless the grantor takes action to revoke it. However, it’s important to note that this applies to unrestricted powers to inspect granted by applicants or inventors, and different rules may apply to other types of authorizations or parties.

For more information on Patent application access, visit: Patent application access.

Access to provisional patent applications is handled differently from non-provisional applications. According to MPEP 104:

“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).”

The MPEP further explains:

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

This means that access to provisional applications is more restricted and typically requires specific written authority from key parties involved in the application. The absence of a required oath or declaration in provisional applications also affects how access is granted, as there may not be a formal power of attorney on file.

For more information on certified copies, visit: certified copies.

For more information on written authority, visit: written authority.

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.

For patent applications filed before September 16, 2012, the rules for granting power to inspect are slightly different. According to MPEP 104:

“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.”

This means that for older applications, access is more restricted once an oath or declaration has been filed, limiting it to the applicant, attorney or agent of record, or assignee of record, unless specific exceptions apply.

For more information on application access, visit: application access.

For more information on power to inspect, visit: power to inspect.

For more information on pre-AIA applications, visit: pre-AIA applications.

For Image File Wrapper (IFW) applications, the process of granting power to inspect is different. According to MPEP 104:

“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).”

This means that for IFW applications, access is typically granted through the Private PAIR system, eliminating the need for traditional powers to inspect. If access through Private PAIR is not possible, alternative methods for viewing the application may be necessary.

For more information on Patent application access, visit: Patent application access.

For more information on power to inspect, visit: power to inspect.

For more information on Private PAIR, visit: Private PAIR.

Yes, the Director of the USPTO has the authority to grant access to patent applications in certain circumstances. According to MPEP 104:

“Access provided upon the written order of the Director will also become a part of the record of the application.”

Additionally, the MPEP states:

“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).”

This means that in special cases, particularly where there may be competitive interests at stake, the Director can authorize access to an application. However, this permission is not of a continuing nature and may be subject to reevaluation based on changing circumstances.

For more information on Patent application access, visit: Patent application access.

For more information on petition for access, visit: petition for access.

Yes, but with limitations. According to MPEP 104:

“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.”

This means that a representative can execute a power to inspect only if they were named in the initial application papers and no formal power of attorney has been filed. Once a power of attorney is filed, any previously filed power to inspect by a practitioner without power of attorney becomes ineffective.

For more information on power to inspect, visit: power to inspect.

For more information on representative capacity, visit: representative capacity.