Are there restrictions on contacting patent practitioners not of record?

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.

Yes, there are significant restrictions on contacting patent practitioners who are not of record for a patent application. According to MPEP § 408, Registered attorneys or agents not of record in a patent application (i.e., there is no power of attorney present in the file that appoints the patent practitioner(s)) and acting in a representative capacity under 37 CFR 1.34 should not be contacted for restriction requirements or approval of examiner’s amendments.

This policy is in place to ensure that only properly authorized representatives are involved in making decisions about patent applications. For more information on interviews with patent practitioners not of record, refer to MPEP § 405.