What is the procedure for an examiner to verify an attorney’s authority during an interview?

What is the procedure for an examiner to verify an attorney’s authority during an interview?

When conducting an interview with an attorney or agent who is not of record, the examiner must follow a specific procedure to verify their authority. According to MPEP 405:

If an attorney or agent not of record in an application contacts an examiner for an interview, the examiner may grant the interview if the attorney or agent presents an authorization from the practitioner of record, or presents a signed power of attorney or a paper authorizing them to act as associate or agent.

The examiner should:

• Ask for an authorization from the practitioner of record
• Accept a signed power of attorney
• Accept a paper authorizing the attorney or agent to act as an associate or agent

If none of these are available, the examiner should decline the interview unless the attorney or agent is willing to conduct the interview with the inventor present.

For more information on USPTO procedures, visit: USPTO procedures.