# MPEP § 104: Power to Inspect Application

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S104

## Section

- **Citation:** MPEP § 104
- **Heading:** Power to Inspect Application
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 0100 - Secrecy, Access, National Security, and Foreign Filing / MPEP § 104

## Text

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
ers 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
ept 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
dition, 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
tions 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)
ion 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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## Nearby sections

- [MPEP § 101 General](https://www.frixlaw.com/law-library/statutes/MPEP_S101.md)
- [MPEP § 102 Information as to Status of an Application](https://www.frixlaw.com/law-library/statutes/MPEP_S102.md)
- [MPEP § 103 Right of Public To Inspect Patent Files and Some Application Files](https://www.frixlaw.com/law-library/statutes/MPEP_S103.md)
- [MPEP § 104 Power to Inspect Application](https://www.frixlaw.com/law-library/statutes/MPEP_S104.md)
- [MPEP § 105 Suspended or Excluded Practitioner Cannot Inspect](https://www.frixlaw.com/law-library/statutes/MPEP_S105.md)
- [MPEP § 106 Control of Inspection by Assignee](https://www.frixlaw.com/law-library/statutes/MPEP_S106.md)
- [MPEP § 106.01 Rights of Assignee of Part Interest](https://www.frixlaw.com/law-library/statutes/MPEP_S106.01.md)
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- [MPEP § 121 Handling of Applications under Secrecy Order and/or Bearing National Security Markings](https://www.frixlaw.com/law-library/statutes/MPEP_S121.md)
- [MPEP § 130 Examination of Secrecy Order Cases](https://www.frixlaw.com/law-library/statutes/MPEP_S130.md)
- [MPEP § 140 Foreign Filing Licenses](https://www.frixlaw.com/law-library/statutes/MPEP_S140.md)
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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S104. Check the current official text before relying on it. Not legal advice.