How does the USPTO handle powers of attorney granted to suspended or excluded practitioners?
The USPTO takes specific actions regarding powers of attorney granted to suspended or excluded practitioners. According to MPEP 407:
The Office of Enrollment and Discipline (OED) Director will contact the Director of the Technology Center (TC) managing the application when a practitioner has been suspended or excluded from practice. The OED Director will request that the TC Director review a pending application to determine whether the practitioner has been granted a power of attorney. If the suspended or excluded practitioner was given a power of attorney, the TC Director will notify the applicant and request a new power of attorney.
The process typically involves:
- Identification of affected applications by the OED Director
- Review of power of attorney status by the TC Director
- Notification to the applicant if a power of attorney exists
- Request for a new power of attorney from the applicant
- Potential application abandonment if no response is received within 30 days
For more information on power of attorney, visit: power of attorney.
Topics:
MPEP 400 - Representative of Applicant or Owner,
MPEP 407 - Suspended or Excluded Patent Practitioner,
Patent Law,
Patent Procedure