Patent Law FAQ

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.

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.

Inventors or applicants can control access to their patent application by assignees through explicit consent or denial. As outlined in MPEP 106.01, the applicant has the right to decide whether to grant or deny access to the application, especially in cases involving part interest assignees. This control mechanism allows inventors to protect sensitive information or maintain strategic advantage during the patent prosecution process. Applicants can communicate their consent or denial of access to the USPTO, which will then enforce these preferences regarding application inspection.

No, an assignee of a part interest in a patent application cannot prevent other parties from accessing the application. According to MPEP 106, the assignee of a part interest may not control prosecution of the application to the exclusion of the inventor or other assignees. This means that all parties with an interest in the application have the right to access and inspect the application file.

The USPTO recognizes the rights of all interested parties and ensures that no single party can restrict access to the application information. This policy promotes transparency and fairness in the patent examination process.

What are the requirements for a registered practitioner to obtain access to an application?

According to MPEP 405, a registered practitioner may obtain access to an application if they fulfill the following requirements:

• The practitioner must be acting in a representative capacity
• The practitioner must have proper authority from the applicant or attorney or agent of record
• Written consent from the applicant, attorney, or agent of record must be provided

The MPEP states: ‘Access will be given to the entire application file history in the absence of a specific request from the authorizing party for only a portion of the file.’ This means that unless specified otherwise, the practitioner will be granted full access to the application file.

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

For more information on registered practitioner, visit: registered practitioner.

For more information on USPTO procedures, visit: USPTO procedures.

What are the requirements for a registered practitioner to obtain access to an application?

According to MPEP 405, a registered practitioner may obtain access to an application if they fulfill the following requirements:

• The practitioner must be acting in a representative capacity
• The practitioner must have proper authority from the applicant or attorney or agent of record
• Written consent from the applicant, attorney, or agent of record must be provided

The MPEP states: ‘Access will be given to the entire application file history in the absence of a specific request from the authorizing party for only a portion of the file.’ This means that unless specified otherwise, the practitioner will be granted full access to the application file.

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

For more information on registered practitioner, visit: registered practitioner.

For more information on USPTO procedures, visit: USPTO procedures.

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.

An assignee of part interest in a patent application has the following rights:

• They may access the application file (except when it’s under a secrecy order)
• They may intervene in the prosecution of the application to protect their interests
• They may file papers against the wishes of the inventor or other assignees, subject to the Commissioner’s discretion

As stated in MPEP 106.01: “An assignee of part interest in the entire right, title and interest in an application … has the right to inspect and obtain copies of papers in the application file.”

To learn more:

• patent assignee
• part interest
• application access
• intervention rights

What are the requirements for a registered practitioner to obtain access to an application?

According to MPEP 405, a registered practitioner may obtain access to an application if they fulfill the following requirements:

• The practitioner must be acting in a representative capacity
• The practitioner must have proper authority from the applicant or attorney or agent of record
• Written consent from the applicant, attorney, or agent of record must be provided

The MPEP states: ‘Access will be given to the entire application file history in the absence of a specific request from the authorizing party for only a portion of the file.’ This means that unless specified otherwise, the practitioner will be granted full access to the application file.

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

For more information on registered practitioner, visit: registered practitioner.

For more information on USPTO procedures, visit: USPTO procedures.

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.

Inventors or applicants can control access to their patent application by assignees through explicit consent or denial. As outlined in MPEP 106.01, the applicant has the right to decide whether to grant or deny access to the application, especially in cases involving part interest assignees. This control mechanism allows inventors to protect sensitive information or maintain strategic advantage during the patent prosecution process. Applicants can communicate their consent or denial of access to the USPTO, which will then enforce these preferences regarding application inspection.

No, an assignee of a part interest in a patent application cannot prevent other parties from accessing the application. According to MPEP 106, the assignee of a part interest may not control prosecution of the application to the exclusion of the inventor or other assignees. This means that all parties with an interest in the application have the right to access and inspect the application file.

The USPTO recognizes the rights of all interested parties and ensures that no single party can restrict access to the application information. This policy promotes transparency and fairness in the patent examination process.

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.

An assignee of part interest in a patent application has the following rights:

• They may access the application file (except when it’s under a secrecy order)
• They may intervene in the prosecution of the application to protect their interests
• They may file papers against the wishes of the inventor or other assignees, subject to the Commissioner’s discretion

As stated in MPEP 106.01: “An assignee of part interest in the entire right, title and interest in an application … has the right to inspect and obtain copies of papers in the application file.”

To learn more:

• patent assignee
• part interest
• application access
• intervention rights

What are the requirements for a registered practitioner to obtain access to an application?

According to MPEP 405, a registered practitioner may obtain access to an application if they fulfill the following requirements:

• The practitioner must be acting in a representative capacity
• The practitioner must have proper authority from the applicant or attorney or agent of record
• Written consent from the applicant, attorney, or agent of record must be provided

The MPEP states: ‘Access will be given to the entire application file history in the absence of a specific request from the authorizing party for only a portion of the file.’ This means that unless specified otherwise, the practitioner will be granted full access to the application file.

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

For more information on registered practitioner, visit: registered practitioner.

For more information on USPTO procedures, visit: USPTO procedures.

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.

Inventors or applicants can control access to their patent application by assignees through explicit consent or denial. As outlined in MPEP 106.01, the applicant has the right to decide whether to grant or deny access to the application, especially in cases involving part interest assignees. This control mechanism allows inventors to protect sensitive information or maintain strategic advantage during the patent prosecution process. Applicants can communicate their consent or denial of access to the USPTO, which will then enforce these preferences regarding application inspection.

No, an assignee of a part interest in a patent application cannot prevent other parties from accessing the application. According to MPEP 106, the assignee of a part interest may not control prosecution of the application to the exclusion of the inventor or other assignees. This means that all parties with an interest in the application have the right to access and inspect the application file.

The USPTO recognizes the rights of all interested parties and ensures that no single party can restrict access to the application information. This policy promotes transparency and fairness in the patent examination process.