What are the requirements for a registered practitioner to obtain access to an application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

According to MPEP 405, a registered practitioner may obtain access to an application if they fulfill the following requirements:

• The practitioner must be acting in a representative capacity
• The practitioner must have proper authority from the applicant or attorney or agent of record
• Written consent from the applicant, attorney, or agent of record must be provided

The MPEP states: ‘Access will be given to the entire application file history in the absence of a specific request from the authorizing party for only a portion of the file.’ This means that unless specified otherwise, the practitioner will be granted full access to the application file.

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

For more information on registered practitioner, visit: registered practitioner.

For more information on USPTO procedures, visit: USPTO procedures.