37 CFR § 1.34 — Acting in a representative capacity. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.34 Acting in a representative capacity.
This page consolidates MPEP guidance interpreting 37 CFR § 1.34, including 146 rules 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.
Summary
The requirement that a named patent practitioner must be present to execute a power of inspection is crucial for application transmittal papers.
What this section covers
- This section covers the necessity for a named patent practitioner to be present and authorized for executing a power of inspection under 37 CFR 1.34.
Key obligations
- A patent practitioner named in the application transmittal papers must be present and authorized to execute a power of inspection.
- Ensure that the named patent practitioner is available and properly authorized for the inspection before proceeding.
- Failure to comply with this requirement may result in the invalidation of the power of inspection.
Practice notes
- Ensure that the application transmittal papers clearly identify and name the patent practitioner who will execute any power of inspection.
- Verify that the named patent practitioner is available and authorized before proceeding with any inspection to avoid compliance issues.
Official MPEP § 1.34 — Acting in a representative capacity.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.34 Acting in a representative capacity.
When a patent practitioner acting in a representative capacity appears in person or signs a paper in practice before the United States Patent and Trademark Office in a patent case, his or her personal appearance or signature shall constitute a representation to the United States Patent and Trademark Office that under the provisions of this subchapter and the law, he or she is authorized to represent the particular party on whose behalf he or she acts. In filing such a paper, the patent practitioner must set forth his or her registration number, his or her name and signature. Further proof of authority to act in a representative capacity may be required.
[46 FR 29181, May 29, 1981; para. (a), 50 FR 5171, Feb. 6, 1985, effective Mar. 6, 1985; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; revised, 69 FR 29865, May 26, 2004, effective June 25, 2004; revised, 70 FR 56119, Sept. 26, 2005, effective Nov. 25, 2005]
- Abandonment
- Access Records
- Access Document Types
- Access International
- Power To Inspect
- Aia Practice
- Aia Overview
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- Application Types
- Assignment Ownership
- Assignee Rights
- Assignee Post Aia
- Correspondence Address
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- Director Authority
- Petition Procedures
- Duty Of Disclosure
- Disclosure Basics
- Entity Status
- Small Entity
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- General Requirements
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- International Design
- Ida Requirements
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- Maintenance Fee Payment
- Patent Term
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- Reissue
- Reissue Ownership
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- Documents Requiring Signature
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- Signature Assignee
- Signature Practitioner
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