Can 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 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.

Topics: MPEP 104-Power to Inspect Application, Patent Law, Patent Procedure
Tags: power to inspect, representative capacity