Is a power of attorney required to file an inter partes reexamination request?

While a power of attorney is desirable, it is not strictly required to file an inter partes reexamination request. The MPEP 2613 states:

“While the filing of the power of attorney is desirable, processing of the reexamination request will not be delayed due to its absence.”

However, it’s important to note that an attorney or agent must either have a power of attorney or act in a representative capacity under 37 CFR 1.34. If acting under 37 CFR 1.34, they must provide their registration number, name, and signature.

To learn more:

• inter partes reexamination
• power of attorney
• representative capacity
• patent attorney
• patent agent