How does acting in a representative capacity differ for applications filed before and after September 16, 2012?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The rules for acting in a representative capacity differ slightly for applications filed before and after September 16, 2012. According to MPEP 402.04:

For applications filed on or after September 16, 2012:

A patent practitioner acting in a representative capacity must submit papers on behalf of all parties identified as the applicant. They cannot represent only some of the applicant parties.

For applications filed before September 16, 2012:

A patent practitioner may act in a representative capacity on behalf of:

• The applicant, or
• The assignee of the entire right who has properly established its right to take action under 37 CFR 3.71 and 3.73

Additionally, for pre-September 16, 2012 applications, a person acting in a representative capacity may sign a document granting access to an application or a change of correspondence address if:

1. An executed oath or declaration under pre-AIA 37 CFR 1.63 has not been filed, and
2. The patent practitioner was named in the application transmittal papers.