Is a power of attorney required for ex parte reexamination requests?
While a power of attorney is desirable, it is not strictly required for filing an ex parte reexamination request. According to MPEP 2213:
“While the filing of the power of attorney is desirable, processing of the reexamination request will not be delayed due to its absence.”
However, if an attorney or agent is acting under a power of attorney, they must be provided with one. It’s important to note that 37 CFR 1.32(c) states that a “power of attorney may only name as representative” the inventors or registered patent practitioners.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2213 - Representative Of Requester,
Patent Law,
Patent Procedure