What happens if a suspended practitioner is given power to inspect a patent application?
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…
Read MoreWho can grant access to inspect a patent application?
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…
Read MoreHow does the power to inspect differ for applications filed before September 16, 2012?
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…
Read MoreCan a person acting in a representative capacity execute a power to inspect?
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…
Read MoreHow are powers to inspect handled in Image File Wrapper (IFW) 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…
Read MoreHow is access to patent applications granted to unregistered individuals?
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)…
Read MoreAre powers to inspect accepted in Image File Wrapper (IFW) patent applications?
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…
Read MoreWho can grant access to inspect a pending or abandoned patent application filed on or after September 16, 2012?
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…
Read MoreHow can a registered attorney or agent acting in a representative capacity grant access to inspect a patent application?
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…
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