How 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 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.