Can a new patent practitioner be appointed after the death of the previous one?
Yes, a new patent practitioner can be appointed after the death of the previous one. The USPTO explicitly states in Form Paragraph 4.03: A new registered attorney or agent may be appointed. This allows the applicant or patent owner to ensure continued representation in patent matters following the death of their previous practitioner.
Read MoreWhat is a juristic entity in patent applications?
A juristic entity, in the context of patent applications, typically refers to an organizational assignee such as a company or corporation. According to MPEP 401, juristic entities have special requirements: “An applicant who is a juristic entity must be represented by a patent practitioner.” This means that companies or other organizational entities cannot represent themselves…
Read MoreCan examiners initiate interview requests with patent practitioners?
Yes, examiners can initiate interview requests with patent practitioners of record. The MPEP encourages this practice to expedite prosecution: The Office encourages the use of interviews to expedite prosecution. When the examiner believes the progress of the application would be advanced by an interview, the examiner may contact the patent practitioner of record in the…
Read MoreCan patent practitioners rely on information from reserved MPEP sections?
Patent practitioners should not rely on information from reserved MPEP sections, as these sections do not contain any official guidance or information. A reserved section, such as MPEP 404, is essentially a placeholder and does not provide any substantive content. Practitioners should instead: Refer to active, non-reserved sections of the MPEP Consult the most recent…
Read MoreHow can a patent practitioner withdraw from representing a client in a patent application?
A registered patent attorney or agent who has been given a power of attorney may withdraw as attorney or agent of record by submitting a request to the USPTO. The process involves: Filing a request for withdrawal with the USPTO Obtaining approval from the Director of the USPTO Notifying the applicant or patent owner of…
Read MoreCan a patent practitioner appoint a substitute before their death?
No, a patent practitioner cannot appoint a substitute whose power would survive their own death. The MPEP clearly states: The patent practitioner may not appoint a ‘substitute’ and any attempt by the patent practitioner to appoint a ‘substitute’ patent practitioner whose power is intended to survive his or her own will not be recognized by…
Read MoreCan a patent practitioner not of record conduct an interview?
Yes, a registered patent practitioner who is not of record can conduct an interview if they have proper authorization from the applicant. According to MPEP 405: Interviews may be conducted with a registered practitioner who has proper authority from the applicant, or an attorney or agent of record in the form of a power of…
Read MoreCan a registered patent practitioner file papers without being of record?
Yes, registered patent practitioners can file papers in patent applications and reexamination proceedings without being of record. MPEP 405 states: Papers may be filed in patent applications and reexamination proceedings by registered attorneys or agents not of record under 37 CFR 1.34. Filing of such papers is considered to be a representation that the attorney…
Read MoreWhat happens to a patent practitioner’s power of attorney when they die?
When a patent practitioner dies, their power of attorney is automatically revoked or terminated. According to the MPEP, The power of attorney of a patent practitioner will be revoked or terminated by his or her death. (MPEP 406)
Read MoreWhat forms can be used to authorize a patent practitioner for an interview?
There are two main forms that can be used to authorize a patent practitioner for an interview: Applicant Initiated Interview Request Form (PTOL-413A) Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’ According to MPEP 405: Registered practitioners, when acting in a representative capacity, can show authorization to conduct an interview by completing, signing and filing…
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