What happens if an attorney not of record signs an amendment?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

If an amendment is signed by an attorney or agent not of record, the following actions will be taken:

  • The amendment will be entered in the application file.
  • The amendment will be considered by the examiner.
  • The examiner will notify the applicant that the attorney or agent is not of record.

According to MPEP 714.01(c): If an amendment is signed by an attorney or agent not of record, it will be entered, but the attorney or agent will be notified that he or she is not of record.

It’s important to note that while the amendment will be considered, the attorney or agent who signed it may need to file the appropriate documents to become the attorney or agent of record for future communications.

Tags: Agent Of Record, Attorney Of Record, patent amendment, USPTO procedure