How does the appointment of an agent or common representative affect earlier appointments?
The appointment of an agent, attorney, or common representative in an international patent application can have an impact on earlier appointments. According to MPEP 1807, which cites 37 CFR 1.455(a):
“The appointment of an attorney or agent, or of a common representative, revokes any earlier appointment unless otherwise indicated“
This means that when a new agent or representative is appointed, it automatically cancels any previous appointments, unless specifically stated otherwise. This rule ensures clarity in representation and avoids potential conflicts or confusion about who has the authority to act on behalf of the applicant.
Applicants and their representatives should be aware of this provision when making new appointments or changes in representation during the international phase of a patent application.
To learn more: