MPEP § 104 — MPEP § 104
Current through: 2022-07-01

104-Power to Inspect Application 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 0100 

 Section 104 
 

 
 
 
 
 
 104 Power to Inspect Application [R-07.2022]
 I. AUTHORITY TO GRANT ACCESS - APPLICATION FILED ON OR AFTER SEPTEMBER 16,
 2012 
 37 CFR 1.14 Patent applications preserved in confidence. 

 *****

 
 (c) Power to inspect a pending or abandoned application. Access
 to an application may be provided to any person if the application file is
 available, and the application contains written authority
 ( e.g., a power to inspect) granting access to such
 person. The written authority must be signed by:
 
 (1) The applicant; 

 (2) A patent practitioner of record; 

 (3) The assignee or an assignee of an undivided part interest;
 
 

 (4) The inventor or a joint inventor; or 

 (5) A registered attorney or agent named in the
 papers accompanying the application papers filed under §
 1.53 or the national stage documents filed under §
 1.495 , if a power of attorney has not been
 appointed under § 1.32 .
 

 
 

 
 *****

 

 

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

 A person acting in a representative capacity under
 37 CFR
 1.34 may execute a power to inspect an application only if the
 patent practitioner was named in the application transmittal papers filed under
 37 CFR
 1.53 or the national stage documents filed under 37 CFR 1.495 
 and a power of attorney has not been appointed under 37 CFR 1.32 .
 Once a power of attorney has been filed, any previously filed power to inspect signed by
 a patent practitioner who does not have a power of attorney will cease to have effect.
 For a discussion of power of attorney in an application, see MPEP § 402 .
 

 II. AUTHORITY TO GRANT ACCESS - APPLICATION FILED BEFORE SEPTEMBER 16, 2012 
 37 CFR 1.14 (pre-AIA) Patent applications preserved in confidence. 

 *****

 
 (c) Power to inspect a pending or abandoned
 application. Access to an application may be provided to any
 person if the application file is available, and the application contains
 written authority (e.g., a power to inspect) granting access to such person.
 The written authority must be signed by:
 
 (1) An applicant; 

 (2) An attorney or agent of record; 

 (3) An authorized official of an assignee of
 record (made of record pursuant to § 3.71 of this chapter); or 
 

 (4) A registered attorney or agent named in the
 papers accompanying the application papers filed under § 1.53 or the
 national stage documents filed under § 1.495, if an executed oath or
 declaration pursuant to § 1.63 or § 1.497 has not been filed. 
 

 
 

 
 *****

 

 

 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 ,
 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 under 37 CFR 1.34 may
 execute a power to inspect an application only if the attorney or agent was named in the
 application transmittal papers filed under 37 CFR 1.53 or the national stage
 documents filed under 37 CFR 1.495 and an executed oath or declaration has not been
 filed. Once an executed oath or declaration has been filed, any previously filed power
 to inspect signed by a registered attorney or agent who does not have a power of
 attorney will cease to have effect. For a discussion of power of attorney in an
 application, see MPEP §
 402 .
 

 III. POWER TO INSPECT Powers to inspect are not accepted in Image File Wrapper
 (IFW) applications. IFW applications are available through the Private Patent
 Application Information Retrieval (PAIR) system, and pro se applicants and attorneys of
 record have direct access to the IFW through Private PAIR (when a Customer Number is
 associated with the correspondence address for the application, and the applicant or
 attorney has access to Private PAIR for the customer number). In addition, IFW
 application files of published applications or patents are available at least through
 Patent Center. If for some reason an applicant, inventor, assignee, or attorney or agent
 of record cannot view an IFW application through Private PAIR or Patent Center, then a
 copy of the application must be purchased from the Patent and Trademark Copy Fulfillment
 Branch of the Public Records Division. A "power to inspect" is, in effect, the same as a
 "power to inspect and make copies." 
 

 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) .
 

 An unrestricted power to inspect given by an applicant or
 inventor is, under existing practice, recognized as in effect until and unless
 rescinded. The same is true in the case of one given by the attorney or agent of record,
 or assignee so long as such attorney or agent, or assignee retains their connection with
 the application.
 

 Permission to inspect given by the Director, however, is not of a
 continuing nature, since the conditions that justified the permission to inspect when
 given may not apply at a later date.
 

 IV. ACCESS TO PATENT APPLICATIONS (PROVISIONAL AND NONPROVISIONAL) AND BOARD
 RECORDS In order to ensure that access to patent applications, other than
 applications that are available pursuant to 37 CFR 1.11 or 1.14 , and Board
 records are given only to persons who are entitled thereto or who are specially
 authorized to have access under 37 CFR
 1.11, 1.14 and 41.6 and to ensure
 also that the file record identifies any such specially authorized person who has been
 given access to a file, the following practice will be observed by all personnel of the
 U.S. Patent and Trademark Office:
 

 
 (A) Access, as provided for in the rules, 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. Further, the power to inspect must specifically
 identify the application by application number and be limited to a single
 application. Form PTO/SB/67 may be used for this purpose.
 

 (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 pursuant to 37 CFR 1.14(a)(1)(iv)-(vi) .
 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
 

 
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 101-General 

 102-Information as to Status of an Application 

 103-Right of Public To Inspect Patent Files and Some Application Files 

 104-Power to Inspect Application 

 105-Suspended or Excluded Practitioner Cannot Inspect 

 106-Control of Inspection by Assignee 
 106.01-Rights of Assignee of Part Interest 

 
 

 107‑109-[Reserved] 

 110-Confidential Nature of International Applications 

 111‑114-[Reserved] 

 115-Review of Applications for National Security and Property Rights Issues 

 116‑119-[Reserved] 

 120-Secrecy Orders 

 121-Handling of Applications under Secrecy Order and/or Bearing National Security Markings 

 122‑129-[Reserved] 

 130-Examination of Secrecy Order Cases 

 131‑139-[Reserved] 

 140-Foreign Filing Licenses 

 141‑149-[Reserved] 

 150-Statements to DOE and NASA 

 151-Content of the Statements 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:32