Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 400 - Representative of Applicant or Owner (2)
No, a third party or its representative cannot use the provisions of 37 CFR 1.34 to conduct an interview or take other actions not specifically permitted by the rules of practice. MPEP 405 states:
The use of the provisions of 37 CFR 1.34 by a third party or its representative to conduct an interview, or take other action not specifically permitted by the rules of practice in an application for patent, is considered a violation of 37 CFR 11.18 and may result in disciplinary action if done by a practitioner.
This means that attempting to use 37 CFR 1.34 for unauthorized actions could lead to disciplinary consequences for registered practitioners.
Yes, registered patent practitioners can file papers in patent applications and reexamination proceedings without being of record. MPEP 405 states:
Papers may be filed in patent applications and reexamination proceedings by registered attorneys or agents not of record under 37 CFR 1.34. Filing of such papers is considered to be a representation that the attorney or agent is authorized to act in a representative capacity on behalf of applicant.
This means that by filing papers, the practitioner is implicitly stating they have authorization to act on behalf of the applicant, even if they are not officially recorded as the attorney or agent of record.
MPEP 405 - Interviews With Patent Practitioner Not of Record (2)
No, a third party or its representative cannot use the provisions of 37 CFR 1.34 to conduct an interview or take other actions not specifically permitted by the rules of practice. MPEP 405 states:
The use of the provisions of 37 CFR 1.34 by a third party or its representative to conduct an interview, or take other action not specifically permitted by the rules of practice in an application for patent, is considered a violation of 37 CFR 11.18 and may result in disciplinary action if done by a practitioner.
This means that attempting to use 37 CFR 1.34 for unauthorized actions could lead to disciplinary consequences for registered practitioners.
Yes, registered patent practitioners can file papers in patent applications and reexamination proceedings without being of record. MPEP 405 states:
Papers may be filed in patent applications and reexamination proceedings by registered attorneys or agents not of record under 37 CFR 1.34. Filing of such papers is considered to be a representation that the attorney or agent is authorized to act in a representative capacity on behalf of applicant.
This means that by filing papers, the practitioner is implicitly stating they have authorization to act on behalf of the applicant, even if they are not officially recorded as the attorney or agent of record.
Patent Law (2)
No, a third party or its representative cannot use the provisions of 37 CFR 1.34 to conduct an interview or take other actions not specifically permitted by the rules of practice. MPEP 405 states:
The use of the provisions of 37 CFR 1.34 by a third party or its representative to conduct an interview, or take other action not specifically permitted by the rules of practice in an application for patent, is considered a violation of 37 CFR 11.18 and may result in disciplinary action if done by a practitioner.
This means that attempting to use 37 CFR 1.34 for unauthorized actions could lead to disciplinary consequences for registered practitioners.
Yes, registered patent practitioners can file papers in patent applications and reexamination proceedings without being of record. MPEP 405 states:
Papers may be filed in patent applications and reexamination proceedings by registered attorneys or agents not of record under 37 CFR 1.34. Filing of such papers is considered to be a representation that the attorney or agent is authorized to act in a representative capacity on behalf of applicant.
This means that by filing papers, the practitioner is implicitly stating they have authorization to act on behalf of the applicant, even if they are not officially recorded as the attorney or agent of record.
Patent Procedure (2)
No, a third party or its representative cannot use the provisions of 37 CFR 1.34 to conduct an interview or take other actions not specifically permitted by the rules of practice. MPEP 405 states:
The use of the provisions of 37 CFR 1.34 by a third party or its representative to conduct an interview, or take other action not specifically permitted by the rules of practice in an application for patent, is considered a violation of 37 CFR 11.18 and may result in disciplinary action if done by a practitioner.
This means that attempting to use 37 CFR 1.34 for unauthorized actions could lead to disciplinary consequences for registered practitioners.
Yes, registered patent practitioners can file papers in patent applications and reexamination proceedings without being of record. MPEP 405 states:
Papers may be filed in patent applications and reexamination proceedings by registered attorneys or agents not of record under 37 CFR 1.34. Filing of such papers is considered to be a representation that the attorney or agent is authorized to act in a representative capacity on behalf of applicant.
This means that by filing papers, the practitioner is implicitly stating they have authorization to act on behalf of the applicant, even if they are not officially recorded as the attorney or agent of record.