How can a patent owner change the attorney or agent for correspondence in a supplemental examination?
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.
To change the attorney or agent for correspondence in a supplemental examination, a new power of attorney must be filed in two places:
- The file of the patent for which supplemental examination is requested
- The file of the supplemental examination proceeding, or if reexamination is ordered, in the resulting ex parte reexamination proceeding
The MPEP recommends:
“Patent owners are strongly encouraged to use form PTO/AIA/81B when submitting a power of attorney and/or change of correspondence address in a supplemental examination proceeding or a reexamination proceeding.”
It’s important to note that this process ensures that the correct attorney or agent receives all communications related to the supplemental examination and any resulting reexamination.