Can the Director of the USPTO grant access to a patent application?

Yes, the Director of the USPTO has the authority to grant access to patent applications in certain circumstances. According to MPEP 104:

“Access provided upon the written order of the Director will also become a part of the record of the application.”

Additionally, the MPEP states:

“Where an applicant relied on the applicant’s application as a means to interfere with a competitor’s business or customers, permission to inspect the application may be given the competitor by the Director. Such permission is via petition for access under 37 CFR 1.14(i).”

This means that in special cases, particularly where there may be competitive interests at stake, the Director can authorize access to an application. However, this permission is not of a continuing nature and may be subject to reevaluation based on changing circumstances.

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

For more information on petition for access, visit: petition for access.