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

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.

To learn more:

Topics: MPEP 2800 - Supplemental Examination, MPEP 2804 - Representative Of Patent Owner, Patent Law, Patent Procedure
Tags: Patent Agent, Patent Attorney, power of attorney, representative capacity, supplemental examination