How does the USPTO handle amendments signed by applicants when there’s an attorney of record?
When an applicant signs an amendment in a patent application with an attorney of record, the USPTO follows a specific procedure:
- The amendment is entered and acted upon.
- Two copies of the action are prepared.
- One copy is sent to the attorney of record.
- The other copy is sent directly to the applicant.
The MPEP states:
Two copies of the action should be prepared, one being sent to the attorney and the other directly to the applicant. The notation: ‘Copy to applicant’ should appear on the original and on both copies.
This procedure ensures that both the applicant and the attorney are informed about the action taken on the amendment. It’s important to note that this applies to individual applicants, not juristic entities. For more details, see MPEP 714.01(d).
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