How can an attorney or agent act on behalf of a patent owner in supplemental examination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

An attorney or agent can act on behalf of a patent owner in supplemental examination in two ways:

  1. Under a power of attorney: According to MPEP 2804, “In order to act under a power of attorney from a patent owner, an attorney or agent must be provided with a power of attorney by the patent owner.”
  2. In a representative capacity: As stated in MPEP 2804, “In order to act in a representative capacity under 37 CFR 1.34, an attorney or agent must provide his or her registration number, name, and signature.”

In both cases, the attorney or agent must be a registered patent practitioner.

Topics: MPEP 2800 - Supplemental Examination MPEP 2804 - Representative Of Patent Owner Patent Law Patent Procedure
Tags: Correspondence General, Practitioner Registration