What documents can a person acting in a representative capacity not sign?
According to MPEP 402.04, there are several important documents that a person acting in a representative capacity generally cannot sign. These include:
- A power of attorney (37 CFR 1.32)
- A document granting access to an application
- A change of correspondence address
- A terminal disclaimer (37 CFR 1.321(b)(1))
- A request for express abandonment without filing a continuing application (37 CFR 1.138(b))
However, there are some exceptions for applications filed on or after September 16, 2012. In these cases, a person acting in a representative capacity may sign a document granting access to an application or a change of correspondence address if:
- A power of attorney has not been appointed under 37 CFR 1.32(b), and
- The patent practitioner was named in the application transmittal papers.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure