What are the requirements for an attorney or agent filing an inter partes reexamination request?

When an attorney or agent files an inter partes reexamination request on behalf of a client (the third party requester), they must meet certain requirements. According to MPEP 2613:

“Where an attorney or agent files a request for an inter partes reexamination for an identified client (the third party requester), he or she may act under a power of attorney from the client or may act in a representative capacity under 37 CFR 1.34.”

To act in a representative capacity under 37 CFR 1.34, the attorney or agent must:

  • Set forth their registration number
  • Provide their name
  • Include their signature

If acting under a power of attorney, the attorney or agent must be provided with a power of attorney from the requester.

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Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2613 - Representative Of Requester, Patent Law, Patent Procedure
Tags: Agent Requirements, Attorney Requirements, inter partes reexamination, power of attorney, representative capacity