How is access to provisional patent applications handled?

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.