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

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.

To learn more:

• patent practitioner
• representative capacity
• application filing date
• USPTO rules