104 Power to Inspect Application
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I. AUTHORITY TO GRANT ACCESS - APPLICATION FILED ON OR AFTER SEPTEMBER 16, 2012
For applications filed on or after September 16, 2012, the applicant, a patent practitioner of record, the assignee or an assignee of an undivided part interest, or an inventor may provide a written authority for access to a pending or abandoned application kept in confidence under 35 U.S.C. 122(a), except as provided in 37 CFR 1.11, 1.14, 41.6, or 42.412.
- The written authority must identify the application to be inspected and the name of the person authorized to have access, and will be made of record.
A person acting in a representative capacity may execute a power to inspect an application only if the patent practitioner was named in the application transmittal papers or the national stage documents and a power of attorney has not been appointed.
II. AUTHORITY TO GRANT ACCESS - APPLICATION FILED BEFORE SEPTEMBER 16, 2012
For applications filed prior to September 16, 2012, if an executed oath or declaration has been filed, no person but the applicant (any one of joint applicants), an attorney or agent of record, or an assignee will be permitted to have access to the file of any pending application kept in confidence, unless written authority from one of the above indicated parties, identifying the application to be inspected and the name of the person authorized to have access, is made of record, or upon the written order of the Director, which will also become a part of the record of the application.
A person acting in a representative capacity may execute a power to inspect an application only if the attorney or agent was named in the application transmittal papers or the national stage documents and an executed oath or declaration has not been filed.
III. POWER TO INSPECT
Powers to inspect are not accepted in Image File Wrapper (IFW) applications.
IV. ACCESS TO PATENT APPLICATIONS (PROVISIONAL AND NONPROVISIONAL) AND BOARD RECORDS
The following practice will be observed by all personnel of the U.S. Patent and Trademark Office:
- (A) Access will be given on oral request to any applicant, inventor, patentee, assignee, or attorney or agent of record in an application or patent only upon proof of identity or upon recognition based on personal acquaintance.
- (B) Where a power of attorney or authorization of agent was given to a registered firm prior to July 2, 1971, access will be given upon oral request as in paragraph (A) above to any registered member or employee of the firm who has signatory power for the firm.
- (C) Unregistered employees of attorneys or agents, public stenographers, and all other persons not within the provisions of paragraphs (A) and (B) above will be given access only upon presentation of a written authorization for access (power to inspect) signed by a person specified in paragraph (A) above, which authorization will be entered as a part of the official file.
- The power to inspect must specifically name the person who is entitled to inspect and copy the application.
- An associate or representative of the named person is not entitled to access to the application on behalf of the authorized person.
- The power to inspect must specifically identify the application by application number and be limited to a single application.
- The power to inspect must specifically name the person who is entitled to inspect and copy the application.
- (D) 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.
- Since provisional applications do not require an oath or declaration, there may be no power of attorney in the application.
- If the person requesting a certified copy is not a named inventor, the applicant, assignee of record, or an attorney or agent of record, the requested certified copy will be supplied to the correspondence address of the provisional application.
