Can a registered practitioner sign a patent term extension application on behalf of the patent owner?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

Yes, a registered practitioner can sign a patent term extension application on behalf of the patent owner. According to 37 CFR 1.730(b)(2):

“If the application is submitted by the patent owner, the application must be signed either by: … (2) A registered practitioner on behalf of the patent owner.”

However, the USPTO may require proof that the practitioner is authorized to act on behalf of the patent owner. It’s advisable to have a power of attorney on file if the registered practitioner is not already of record in the patent.

Topics: Adjustments And Extensions MPEP 2700 - Patent Terms MPEP 2752 - Patent Term Extension Applicant Patent Law Patent Procedure
Tags: Correspondence General, Documents Requiring Signature, Pte Determination, Pte Products, Term Basics