What information must an attorney or agent provide to act in a representative capacity?

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.

To act in a representative capacity under 37 CFR 1.34 during an ex parte reexamination, an attorney or agent must provide specific information. According to MPEP 2213:

“In order to act in a representative capacity under 37 CFR 1.34, an attorney or agent must set forth his or her registration number, his or her name, and his or her signature.”

This information allows the USPTO to verify the practitioner’s credentials and authority to act on behalf of the requester or patent owner in the reexamination proceeding.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2213 - Representative Of Requester Patent Law Patent Procedure
Tags: Correspondence General, Practitioner Registration, Request By Third Party