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 104-Power to Inspect Application (8)
- The applicant
- A patent practitioner of record
- The assignee or an assignee of an undivided part interest
- 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.
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, 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.
MPEP 105 - Suspended or Excluded Practitioner Cannot Inspect (1)
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:
Patent Law (9)
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:
- The applicant
- A patent practitioner of record
- The assignee or an assignee of an undivided part interest
- 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.
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:
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, 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.
Patent Procedure (6)
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.
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:
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, 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.