MPEP Q & A 4: Written Authority to Grant Access to a Provisional Application

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Question:

Name two individuals who through written authority may grant access to a provisional application.

Answer:

In provisional applications, access will only be given to parties with written authority from the following:

  • a named inventor
  • the assignee of record
  • the attorney or agent of record
  • or, for an application filed on or after September 16, 2012, an applicant other than an inventor.

Chapter Details:

The answer to this question can be found in chapter 100 of the MPEP. This chapter covers Secrecy, Access, National Security, and Foreign Filing. The answer is from the 9th Edition, Revision 07.2015.

Section Summary:

This question comes from section 104 of the MPEP.  The following is a brief summary of section 104.

104    Power to Inspect Application

This section discusses who has the authority to grant access to applications. The authority to grant access is different for applications filed before and after September 16, 2012. This section also discusses who may access patent applications (both provisional and nonprovisional) and Board records.

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