Who can represent a requester in an ex parte reexamination?

A requester in an ex parte reexamination can be represented by an attorney or agent who must be a registered patent practitioner. According to MPEP 2213, “an attorney or agent representing a requester must be a registered patent practitioner.” The representative can act under either:

  • A power of attorney from the client (requester)
  • In a representative capacity under 37 CFR 1.34

To act in a representative capacity, the attorney or agent must provide their registration number, name, and signature.

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Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2213 - Representative Of Requester, Patent Law, Patent Procedure
Tags: ex parte reexamination, patent practitioner, power of attorney, representative capacity