What are the requirements for a power of attorney in supplemental examination?

For a power of attorney to be valid in a supplemental examination proceeding, it must meet specific requirements. According to MPEP 2804:

“Pursuant to 37 CFR 1.32(c) a ‘power of attorney may only name as representative’ either one or more inventors or registered patent practitioners.”

This means that the power of attorney must be granted to either:

  • One or more inventors of the patent, or
  • One or more registered patent practitioners (attorneys or agents)

It’s important to note that only registered patent practitioners can represent the patent owner in supplemental examination proceedings.

To learn more:

Topics: MPEP 2800 - Supplemental Examination, MPEP 2804 - Representative Of Patent Owner, Patent Law, Patent Procedure
Tags: power of attorney, Registered Patent Practitioner, supplemental examination