37 CFR § 11.6 — Registration of attorneys and (MPEP Coverage Index) – BlueIron IP
37 CFR § 11.6 Registration of attorneys and
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 11.6, including 49 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
37 CFR 11.6 establishes the regulatory framework for attorneys and agents to register and represent applicants before the United States Patent and Trademark Office.
What this section covers
- Defines the regulatory standards for professional representation before the USPTO.
- Outlines the scope of professional representation for patent and trademark practitioners.
Key obligations
- Establish clear eligibility criteria for attorneys seeking to represent clients before the USPTO.
- Require practitioners to comply with specific documentation and authorization requirements.
Practice notes
- Understand specific requirements for representing international design application applicants.
- Ensure proper power of attorney documentation is completed and filed correctly.
Official MPEP § 11.6 — Registration of attorneys and
Source: USPTOLast Modified: 10/30/2024 08:50:22
11.6 Registration of attorneys and agents.
- (a)
Attorneys. Any citizen of the United States who
is an attorney and who fulfills the requirements of this part may
be registered as a patent attorney to practice before the Office.
When appropriate, any alien who is an attorney, who lawfully
resides in the United States, and who fulfills the requirements of
this part may be registered as a patent attorney to practice before
the Office, provided that such registration is not inconsistent
with the terms upon which the alien was admitted to, and resides
in, the United States and further provided that the alien may
remain registered only:
- (1) If the alien continues to lawfully reside in the United States and registration does not become inconsistent with the terms upon which the alien continues to lawfully reside in the United States, or
- (2) If the alien ceases to reside in the United States, the alien is qualified to be registered under paragraph (c) of this section. See also § 11.9(b) .
- (b)
Agents. Any citizen of the United States who is
not an attorney, and who fulfills the requirements of this part may
be registered as a patent agent to practice before the Office. When
appropriate, any alien who is not an attorney, who lawfully resides
in the United States, and who fulfills the requirements of this
part may be registered as a patent agent to practice before the
Office, provided that such registration is not inconsistent with
the terms upon which the alien was admitted to, and resides in, the
United States, and further provided that the alien may remain
registered only:
- (1) If the alien continues to lawfully reside in the United States and registration does not become inconsistent with the terms upon which the alien continues to lawfully reside in the United States or
- (2) If the alien ceases to reside in the United States, the alien is qualified to be registered under paragraph (c) of this section. See also § 11.9(b) .
- (c) Foreigners. Any foreigner not a resident of the United States who shall file proof to the satisfaction of the OED Director that he or she is registered and in good standing before the patent office of the country in which he or she resides and practices, and who is possessed of the qualifications stated in § 11.7 , may be registered as a patent agent to practice before the Office for the limited purpose of presenting and prosecuting patent applications of applicants located in such country, provided that the patent office of such country allows substantially reciprocal privileges to those admitted to practice before the Office. Registration as a patent agent under this paragraph shall continue only during the period that the conditions specified in this paragraph obtain. Upon notice by the patent office of such country that a patent agent registered under this section is no longer registered or no longer in good standing before the patent office of such country, and absent a showing of cause why his or her name should not be removed from the register, the OED Director shall promptly remove the name of the patent agent from the register and publish the fact of removal. Upon ceasing to reside in such country, the patent agent registered under this section is no longer qualified to be registered under this section, and the OED Director shall promptly remove the name of the patent agent from the register and publish the fact of removal.
- (d) Design patent practitioners. Any citizen of the United States who is an attorney and who fulfills the requirements of this part may be registered as a design patent attorney to practice before the Office in design patent proceedings. Any citizen of the United States who is not an attorney, and who fulfills the requirements of this part may be registered as a design patent agent to practice before the Office in design patent proceedings.
- (e) Patent Trial and Appeal Board matters. For action by a person who is not registered in a proceeding before the Patent Trial and Appeal Board, see § 41.5(a) or § 42.10(c) of this title.
[Added, 69 FR 35427, June 24, 2004, effective July 26, 2004; para. (d) revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (d) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012; para. (d) redesignated (e), new para. (d) added, 88 FR 78644, Nov. 16, 2023, effective Jan. 2, 2024]
- Electronic Filing
- Electronic Signature
- International Design
- Ida Requirements
-
- Pct
- Pct Amendments Article 19
- Power Of Attorney
-
-
- Signature Requirements
- Signature Practitioner
| MPEP Section | Rules |
|---|---|
| MPEP § 1502.02 | |
| MPEP § 1702 | |
| MPEP § 2911 | |
| MPEP § 402 | |
| MPEP § 402.01 | |
| MPEP § 402.09 | |
| MPEP § 403 |