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 (2)
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 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.
MPEP 300 - Ownership and Assignment (1)
Access to assignment records for unpublished patent applications is restricted. The MPEP states:
“For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.”
To access these records, you must have written authority from one of the following:
- An inventor
- The applicant
- The assignee or an assignee of an undivided part interest
- A patent practitioner of record
- A person with written authority from any of the above
Alternatively, you must show that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application.
MPEP 301-Ownership/Assignability of Patents and Applications (1)
Access to assignment records for unpublished patent applications is restricted. The MPEP states:
“For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.”
To access these records, you must have written authority from one of the following:
- An inventor
- The applicant
- The assignee or an assignee of an undivided part interest
- A patent practitioner of record
- A person with written authority from any of the above
Alternatively, you must show that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application.
Patent Law (3)
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 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 assignment records for unpublished patent applications is restricted. The MPEP states:
“For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.”
To access these records, you must have written authority from one of the following:
- An inventor
- The applicant
- The assignee or an assignee of an undivided part interest
- A patent practitioner of record
- A person with written authority from any of the above
Alternatively, you must show that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application.
Patent Procedure (3)
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 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 assignment records for unpublished patent applications is restricted. The MPEP states:
“For pending or abandoned applications which are not open to the public pursuant to 37 CFR 1.11 or for which copies or access may not be supplied pursuant to 37 CFR 1.14, information related thereto is only obtainable upon a proper showing of written authority.”
To access these records, you must have written authority from one of the following:
- An inventor
- The applicant
- The assignee or an assignee of an undivided part interest
- A patent practitioner of record
- A person with written authority from any of the above
Alternatively, you must show that you are a bona fide prospective or actual purchaser, mortgagee, or licensee of the application.