Can a patent practitioner represent only some of the applicants in a joint application?
No, a patent practitioner acting in a representative capacity cannot represent only some of the applicants in a joint application. According to MPEP 402.04, when a patent practitioner files a paper in an application filed on or after September 16, 2012, they must be submitting the paper on behalf of all parties identified as the applicant.
The MPEP explicitly states: “The provisions of 37 CFR 1.34 in no way convey authority for a patent practitioner to submit papers in an application only on behalf of some of the parties identified as the applicant.”
For example, if there are three joint inventors who disagree about how to proceed with the application, a patent practitioner representing only one inventor cannot file papers to the exclusion of the other joint inventors. Similarly, when there are multiple assignees identified as the applicant, a patent practitioner cannot file papers on behalf of only some of the parties.
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