Can a legal assistant or secretary sign correspondence on behalf of a patent practitioner?
Can a legal assistant or secretary sign correspondence on behalf of a patent practitioner?
No, a legal assistant or secretary cannot sign correspondence on behalf of a patent practitioner. The MPEP 502.02 clearly states:
‘The signature of a practitioner on correspondence filed with the USPTO must be a handwritten signature or an S-signature personally signed by such practitioner.’
This requirement ensures that the practitioner takes personal responsibility for the content of the correspondence. Delegating this responsibility to support staff is not permitted and could lead to the correspondence being considered unsigned or improperly signed.
To learn more:
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
Patent Law,
Patent Procedure