Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 105 - Suspended or Excluded Practitioner Cannot Inspect (8)
If a suspended practitioner is given power to inspect a patent application, the USPTO will not accept it. MPEP 105 clearly states: “Power to inspect given to such an attorney or agent will not be accepted.” This means that even if an applicant or inventor attempts to grant inspection rights to a suspended practitioner, the USPTO will reject this authorization and prevent the suspended practitioner from accessing the application materials.
To learn more:
The USPTO refers to ‘suspended or excluded practitioners’ in MPEP 105 as “an attorney or agent who has been suspended or excluded from practice by the USPTO.” This typically refers to patent attorneys or agents who have faced disciplinary action and are temporarily or permanently barred from practicing before the USPTO. These individuals are subject to specific restrictions, including the inability to communicate with USPTO employees about patent applications or inspect application materials, unless they are the inventor or applicant.
To learn more:
In most cases, no. USPTO employees are prohibited from communicating, either orally or in writing, with a suspended or excluded patent attorney or agent regarding a patent application. The MPEP states:
USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application…
The only exception is if the suspended or excluded practitioner is the inventor or applicant on that specific application. Otherwise, USPTO staff cannot discuss an application with a practitioner who has been suspended or excluded from practice before the USPTO.
No, a suspended or excluded practitioner cannot inspect patent applications. According to MPEP 105, “Power to inspect given to such an attorney or agent will not be accepted.” This means that the USPTO will not allow suspended or excluded practitioners to access or review patent applications, even if they are given permission by the applicant.
To learn more:
No, a patent attorney or agent who has been suspended or excluded from practice by the USPTO cannot inspect patent applications, unless they are an inventor or applicant on that particular application. The MPEP states:
USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application unless it is one in which said attorney or agent is an inventor or the applicant. Power to inspect given to such an attorney or agent will not be accepted.
This policy prevents suspended or excluded practitioners from accessing confidential application information they are no longer authorized to view.
Generally, no. MPEP 105 states: “U.S. Patent and Trademark Office (USPTO) employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application.” This prohibition applies to all forms of communication about patent applications with suspended or excluded practitioners.
To learn more:
Yes, there is one exception to the communication ban. According to MPEP 105, USPTO employees may communicate with a suspended or excluded practitioner “unless it is one in which said attorney or agent is an inventor or the applicant.” This means that if the suspended or excluded practitioner is listed as an inventor or is the applicant on a patent application, USPTO employees are allowed to communicate with them regarding that specific application.
To learn more:
Yes, there is one exception. A suspended or excluded patent attorney or agent can inspect an application if they are the inventor or applicant of that particular application. The MPEP clarifies:
USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application unless it is one in which said attorney or agent is an inventor or the applicant.
So while suspended or excluded practitioners generally cannot inspect applications, they can still access ones in which they are directly involved as the inventor or applicant.
Patent Law (8)
If a suspended practitioner is given power to inspect a patent application, the USPTO will not accept it. MPEP 105 clearly states: “Power to inspect given to such an attorney or agent will not be accepted.” This means that even if an applicant or inventor attempts to grant inspection rights to a suspended practitioner, the USPTO will reject this authorization and prevent the suspended practitioner from accessing the application materials.
To learn more:
The USPTO refers to ‘suspended or excluded practitioners’ in MPEP 105 as “an attorney or agent who has been suspended or excluded from practice by the USPTO.” This typically refers to patent attorneys or agents who have faced disciplinary action and are temporarily or permanently barred from practicing before the USPTO. These individuals are subject to specific restrictions, including the inability to communicate with USPTO employees about patent applications or inspect application materials, unless they are the inventor or applicant.
To learn more:
In most cases, no. USPTO employees are prohibited from communicating, either orally or in writing, with a suspended or excluded patent attorney or agent regarding a patent application. The MPEP states:
USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application…
The only exception is if the suspended or excluded practitioner is the inventor or applicant on that specific application. Otherwise, USPTO staff cannot discuss an application with a practitioner who has been suspended or excluded from practice before the USPTO.
No, a suspended or excluded practitioner cannot inspect patent applications. According to MPEP 105, “Power to inspect given to such an attorney or agent will not be accepted.” This means that the USPTO will not allow suspended or excluded practitioners to access or review patent applications, even if they are given permission by the applicant.
To learn more:
No, a patent attorney or agent who has been suspended or excluded from practice by the USPTO cannot inspect patent applications, unless they are an inventor or applicant on that particular application. The MPEP states:
USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application unless it is one in which said attorney or agent is an inventor or the applicant. Power to inspect given to such an attorney or agent will not be accepted.
This policy prevents suspended or excluded practitioners from accessing confidential application information they are no longer authorized to view.
Generally, no. MPEP 105 states: “U.S. Patent and Trademark Office (USPTO) employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application.” This prohibition applies to all forms of communication about patent applications with suspended or excluded practitioners.
To learn more:
Yes, there is one exception to the communication ban. According to MPEP 105, USPTO employees may communicate with a suspended or excluded practitioner “unless it is one in which said attorney or agent is an inventor or the applicant.” This means that if the suspended or excluded practitioner is listed as an inventor or is the applicant on a patent application, USPTO employees are allowed to communicate with them regarding that specific application.
To learn more:
Yes, there is one exception. A suspended or excluded patent attorney or agent can inspect an application if they are the inventor or applicant of that particular application. The MPEP clarifies:
USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application unless it is one in which said attorney or agent is an inventor or the applicant.
So while suspended or excluded practitioners generally cannot inspect applications, they can still access ones in which they are directly involved as the inventor or applicant.
Patent Procedure (5)
If a suspended practitioner is given power to inspect a patent application, the USPTO will not accept it. MPEP 105 clearly states: “Power to inspect given to such an attorney or agent will not be accepted.” This means that even if an applicant or inventor attempts to grant inspection rights to a suspended practitioner, the USPTO will reject this authorization and prevent the suspended practitioner from accessing the application materials.
To learn more:
The USPTO refers to ‘suspended or excluded practitioners’ in MPEP 105 as “an attorney or agent who has been suspended or excluded from practice by the USPTO.” This typically refers to patent attorneys or agents who have faced disciplinary action and are temporarily or permanently barred from practicing before the USPTO. These individuals are subject to specific restrictions, including the inability to communicate with USPTO employees about patent applications or inspect application materials, unless they are the inventor or applicant.
To learn more:
No, a suspended or excluded practitioner cannot inspect patent applications. According to MPEP 105, “Power to inspect given to such an attorney or agent will not be accepted.” This means that the USPTO will not allow suspended or excluded practitioners to access or review patent applications, even if they are given permission by the applicant.
To learn more:
Generally, no. MPEP 105 states: “U.S. Patent and Trademark Office (USPTO) employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application.” This prohibition applies to all forms of communication about patent applications with suspended or excluded practitioners.
To learn more:
Yes, there is one exception to the communication ban. According to MPEP 105, USPTO employees may communicate with a suspended or excluded practitioner “unless it is one in which said attorney or agent is an inventor or the applicant.” This means that if the suspended or excluded practitioner is listed as an inventor or is the applicant on a patent application, USPTO employees are allowed to communicate with them regarding that specific application.
To learn more: