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 (10)
A juristic entity, in the context of patent applications, typically refers to an organizational assignee such as a company or corporation. According to MPEP 401, juristic entities have special requirements:
“An applicant who is a juristic entity must be represented by a patent practitioner.”
This means that companies or other organizational entities cannot represent themselves in patent applications and must hire a registered patent attorney or agent to act on their behalf.
What are the signature requirements for papers filed by a juristic entity in a patent application?
For papers filed by a juristic entity (e.g., corporation) in a patent application:
- A person authorized to act on behalf of the juristic entity must sign.
- The signer’s name and title must be included.
- The papers must state the signer’s capacity to sign for the juristic entity.
The MPEP states: Papers filed on behalf of juristic entities must be signed by a patent practitioner. 37 CFR 1.33(b)(3).
(MPEP 402.03)
For example, a proper signature might look like: ‘John Smith, President, Corporation XYZ, authorized to sign on behalf of Corporation XYZ’.
To learn more:
Amendments and other papers filed in a patent application must be signed by specific individuals as outlined in 37 CFR 1.33(b):
- A patent practitioner of record
- A patent practitioner not of record who acts in a representative capacity under the provisions of 37 CFR 1.34
- The applicant (37 CFR 1.42)
It’s important to note that for juristic entities (e.g., corporations), 37 CFR 1.33(b)(3) specifies:
“Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.”
This requirement ensures that juristic entities are properly represented in patent proceedings.
To learn more:
For juristic entities (e.g., corporations, organizations), the USPTO has specific requirements for correspondence and signatures. According to 37 CFR 1.33(b)(3):
Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.
This means that:
- A juristic entity must prosecute a patent application through a registered patent practitioner.
- All correspondence, amendments, and other papers must be signed by a patent practitioner on behalf of the juristic entity.
- The juristic entity cannot directly correspond with the USPTO or sign documents without representation by a patent practitioner.
This requirement ensures that juristic entities have proper legal representation in patent matters, which can be complex and have significant legal implications.
To learn more:
A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:
‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’
The process typically involves:
- An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
- The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
- If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.
It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.
For more information on juristic entity, visit: juristic entity.
For more information on power of attorney, visit: power of attorney.
For more information on USPTO, visit: USPTO.
Yes, in most cases. According to MPEP 401, “An applicant for patent, other than a juristic entity (e.g., organizational assignee), may file and prosecute their own application, and thus act as their own representative (pro se) before the Office.” However, there are important considerations:
- Juristic entities (e.g., companies) must be represented by a patent practitioner
- Pro se applicants are subject to the same rules and potential sanctions as represented applicants
- Lack of familiarity with patent procedures may result in missed opportunities for optimal protection
Yes, a person can sign patent documents on behalf of a juristic entity, but there are specific requirements:
According to MPEP 402.03: ‘Papers submitted on behalf of juristic entities must be signed by a person having authority to sign for the juristic entity.’
This means:
- The signer must have the legal authority to act on behalf of the entity.
- For corporations, this typically includes officers or agents appointed by the board.
- For partnerships, a partner may sign.
- For universities, an authorized official may sign.
It’s crucial to ensure the signer has proper authorization to avoid potential issues with the patent application.
To learn more:
Can a juristic entity appoint a power of attorney in a patent application?
Yes, a juristic entity (such as a corporation or organization) can appoint a power of attorney in a patent application. However, there are specific requirements for doing so:
- The power of attorney must be signed by a person authorized to act on behalf of the juristic entity
- The person signing must have apparent authority to bind the juristic entity
The MPEP provides guidance on this matter:
A power of attorney from a juristic entity must be signed by a person authorized to act on behalf of the juristic entity. […] A power of attorney to a patent practitioner to prosecute a patent application executed by the applicant or the assignee of the entire interest of the applicant is the power of attorney of the applicant or assignee, not the power of attorney of the practitioner.
(MPEP 402.02(a))
It’s important to note that the power of attorney belongs to the juristic entity, not to the practitioner who is appointed.
To learn more:
Can a juristic entity applicant sign a power of attorney form for a patent application?
No, a juristic entity applicant (such as a corporation or organization) cannot directly sign a power of attorney form for a patent application. Instead, the power of attorney must be signed by a person authorized to act on behalf of the juristic entity.
According to MPEP 402.02(a):
“A power of attorney must be signed by the applicant for patent (37 CFR 1.42) or the patent owner (for reissue applications or reexamination proceedings). A power of attorney may only be signed by the applicant for patent (37 CFR 1.42) or the patent owner of record of the entire interest or their representative. An applicant for patent that is the assignee must comply with 37 CFR 3.71 and 3.73 to establish ownership of the application.”
For juristic entity applicants, this typically means that an officer or employee of the organization who has the authority to bind the organization must sign the power of attorney. This could be a CEO, president, or other authorized representative of the company.
It’s important to note that the person signing on behalf of a juristic entity should also provide their title or position within the organization to demonstrate their authority to act on behalf of the applicant.
To learn more:
Yes, juristic entities (e.g., organizational assignees) must be represented by a patent practitioner. As stated in MPEP 401:
An applicant who is a juristic entity must be represented by a patent practitioner.
This requirement ensures that organizations have proper legal representation when navigating the complex patent application process. Individual inventors and joint inventors, however, may represent themselves if they choose to do so.
For more information on juristic entity, visit: juristic entity.
For more information on organizational assignee, visit: organizational assignee.
MPEP 401 - U.S. Patent and Trademark Office Cannot Aid in Selection of Patent Practitioner (3)
A juristic entity, in the context of patent applications, typically refers to an organizational assignee such as a company or corporation. According to MPEP 401, juristic entities have special requirements:
“An applicant who is a juristic entity must be represented by a patent practitioner.”
This means that companies or other organizational entities cannot represent themselves in patent applications and must hire a registered patent attorney or agent to act on their behalf.
Yes, in most cases. According to MPEP 401, “An applicant for patent, other than a juristic entity (e.g., organizational assignee), may file and prosecute their own application, and thus act as their own representative (pro se) before the Office.” However, there are important considerations:
- Juristic entities (e.g., companies) must be represented by a patent practitioner
- Pro se applicants are subject to the same rules and potential sanctions as represented applicants
- Lack of familiarity with patent procedures may result in missed opportunities for optimal protection
Yes, juristic entities (e.g., organizational assignees) must be represented by a patent practitioner. As stated in MPEP 401:
An applicant who is a juristic entity must be represented by a patent practitioner.
This requirement ensures that organizations have proper legal representation when navigating the complex patent application process. Individual inventors and joint inventors, however, may represent themselves if they choose to do so.
For more information on juristic entity, visit: juristic entity.
For more information on organizational assignee, visit: organizational assignee.
MPEP 402 - Power of Attorney; Naming Representative (1)
A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:
‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’
The process typically involves:
- An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
- The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
- If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.
It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.
For more information on juristic entity, visit: juristic entity.
For more information on power of attorney, visit: power of attorney.
For more information on USPTO, visit: USPTO.
MPEP 500 - Receipt and Handling of Mail and Papers (2)
According to MPEP 509.04(c), a certification of micro entity status can be signed only by an authorized party as set forth in 37 CFR 1.33(b), which includes:
- A patent practitioner of record
- A patent practitioner not of record who acts in a representative capacity under the provisions of 37 CFR 1.34
- The applicant (37 CFR 1.42)
It’s important to note that “Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.”
To learn more:
A patent practitioner plays a crucial role in signing micro entity certifications. According to MPEP 509.04(c), a patent practitioner can sign a micro entity certification in two capacities:
- As a patent practitioner of record
- As a patent practitioner not of record who acts in a representative capacity under the provisions of 37 CFR 1.34
Moreover, for juristic entities, “Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.” This includes micro entity certifications for corporate assignees or other organizational parties under 37 CFR 1.46.
To learn more:
Patent Law (16)
According to MPEP 509.04(c), a certification of micro entity status can be signed only by an authorized party as set forth in 37 CFR 1.33(b), which includes:
- A patent practitioner of record
- A patent practitioner not of record who acts in a representative capacity under the provisions of 37 CFR 1.34
- The applicant (37 CFR 1.42)
It’s important to note that “Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.”
To learn more:
A patent practitioner plays a crucial role in signing micro entity certifications. According to MPEP 509.04(c), a patent practitioner can sign a micro entity certification in two capacities:
- As a patent practitioner of record
- As a patent practitioner not of record who acts in a representative capacity under the provisions of 37 CFR 1.34
Moreover, for juristic entities, “Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.” This includes micro entity certifications for corporate assignees or other organizational parties under 37 CFR 1.46.
To learn more:
A juristic entity, in the context of patent applications, typically refers to an organizational assignee such as a company or corporation. According to MPEP 401, juristic entities have special requirements:
“An applicant who is a juristic entity must be represented by a patent practitioner.”
This means that companies or other organizational entities cannot represent themselves in patent applications and must hire a registered patent attorney or agent to act on their behalf.
What are the signature requirements for papers filed by a juristic entity in a patent application?
For papers filed by a juristic entity (e.g., corporation) in a patent application:
- A person authorized to act on behalf of the juristic entity must sign.
- The signer’s name and title must be included.
- The papers must state the signer’s capacity to sign for the juristic entity.
The MPEP states: Papers filed on behalf of juristic entities must be signed by a patent practitioner. 37 CFR 1.33(b)(3).
(MPEP 402.03)
For example, a proper signature might look like: ‘John Smith, President, Corporation XYZ, authorized to sign on behalf of Corporation XYZ’.
To learn more:
Amendments and other papers filed in a patent application must be signed by specific individuals as outlined in 37 CFR 1.33(b):
- A patent practitioner of record
- A patent practitioner not of record who acts in a representative capacity under the provisions of 37 CFR 1.34
- The applicant (37 CFR 1.42)
It’s important to note that for juristic entities (e.g., corporations), 37 CFR 1.33(b)(3) specifies:
“Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.”
This requirement ensures that juristic entities are properly represented in patent proceedings.
To learn more:
For juristic entities (e.g., corporations, organizations), the USPTO has specific requirements for correspondence and signatures. According to 37 CFR 1.33(b)(3):
Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.
This means that:
- A juristic entity must prosecute a patent application through a registered patent practitioner.
- All correspondence, amendments, and other papers must be signed by a patent practitioner on behalf of the juristic entity.
- The juristic entity cannot directly correspond with the USPTO or sign documents without representation by a patent practitioner.
This requirement ensures that juristic entities have proper legal representation in patent matters, which can be complex and have significant legal implications.
To learn more:
A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:
‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’
The process typically involves:
- An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
- The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
- If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.
It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.
For more information on juristic entity, visit: juristic entity.
For more information on power of attorney, visit: power of attorney.
For more information on USPTO, visit: USPTO.
Yes, in most cases. According to MPEP 401, “An applicant for patent, other than a juristic entity (e.g., organizational assignee), may file and prosecute their own application, and thus act as their own representative (pro se) before the Office.” However, there are important considerations:
- Juristic entities (e.g., companies) must be represented by a patent practitioner
- Pro se applicants are subject to the same rules and potential sanctions as represented applicants
- Lack of familiarity with patent procedures may result in missed opportunities for optimal protection
Yes, a person can sign patent documents on behalf of a juristic entity, but there are specific requirements:
According to MPEP 402.03: ‘Papers submitted on behalf of juristic entities must be signed by a person having authority to sign for the juristic entity.’
This means:
- The signer must have the legal authority to act on behalf of the entity.
- For corporations, this typically includes officers or agents appointed by the board.
- For partnerships, a partner may sign.
- For universities, an authorized official may sign.
It’s crucial to ensure the signer has proper authorization to avoid potential issues with the patent application.
To learn more:
According to MPEP 604, a patent practitioner cannot automatically sign a substitute statement on behalf of a juristic entity. The MPEP states:
“Note: a power of attorney to a patent practitioner to prosecute a patent application executed by the juristic entity does not make that practitioner an official of the juristic entity or empower the practitioner to sign the substitute statement.“
For a juristic entity, the substitute statement may be signed by:
- A person in the organization with apparent authority to sign (e.g., an officer)
- Any person if the statement sets forth that the person is authorized to act on behalf of the juristic entity (e.g., the general counsel)
This ensures that the substitute statement is executed by someone with proper authority within the organization.
To learn more:
No, a non-practitioner (someone who is not a registered patent attorney or agent) cannot change the correspondence address for a company’s patent application, even if they have the authority to act on behalf of the company. The MPEP states:
If an application is filed by a company to whom the invention has been assigned or to whom there is an obligation to assign the invention, a person (other than a patent practitioner) who has the authority to act on behalf of the company may not change the correspondence address, as all papers signed on behalf of a juristic entity must be signed by a patent practitioner.
This requirement is based on 37 CFR 1.33(b)(3), which specifies that amendments and other papers must be signed by a patent practitioner when submitted on behalf of a juristic entity (such as a company).
To learn more:
To learn more:
Can a juristic entity be an applicant for a patent application?
No, a juristic entity cannot be an applicant for a patent application filed on or after September 16, 2012. The MPEP 605 clearly states: ‘A juristic entity (e.g., organizational assignee) cannot be named as the applicant for a patent application.’ This means that only natural persons, specifically the inventor(s), can be named as applicants. However, a juristic entity can be named as the assignee or applicant for other purposes, such as in an application for a reissue patent to replace an original patent granted on an application filed before September 16, 2012.
To learn more:
Can a juristic entity appoint a power of attorney in a patent application?
Yes, a juristic entity (such as a corporation or organization) can appoint a power of attorney in a patent application. However, there are specific requirements for doing so:
- The power of attorney must be signed by a person authorized to act on behalf of the juristic entity
- The person signing must have apparent authority to bind the juristic entity
The MPEP provides guidance on this matter:
A power of attorney from a juristic entity must be signed by a person authorized to act on behalf of the juristic entity. […] A power of attorney to a patent practitioner to prosecute a patent application executed by the applicant or the assignee of the entire interest of the applicant is the power of attorney of the applicant or assignee, not the power of attorney of the practitioner.
(MPEP 402.02(a))
It’s important to note that the power of attorney belongs to the juristic entity, not to the practitioner who is appointed.
To learn more:
Can a juristic entity applicant sign a power of attorney form for a patent application?
No, a juristic entity applicant (such as a corporation or organization) cannot directly sign a power of attorney form for a patent application. Instead, the power of attorney must be signed by a person authorized to act on behalf of the juristic entity.
According to MPEP 402.02(a):
“A power of attorney must be signed by the applicant for patent (37 CFR 1.42) or the patent owner (for reissue applications or reexamination proceedings). A power of attorney may only be signed by the applicant for patent (37 CFR 1.42) or the patent owner of record of the entire interest or their representative. An applicant for patent that is the assignee must comply with 37 CFR 3.71 and 3.73 to establish ownership of the application.”
For juristic entity applicants, this typically means that an officer or employee of the organization who has the authority to bind the organization must sign the power of attorney. This could be a CEO, president, or other authorized representative of the company.
It’s important to note that the person signing on behalf of a juristic entity should also provide their title or position within the organization to demonstrate their authority to act on behalf of the applicant.
To learn more:
No, a juristic entity applicant cannot directly sign a change of correspondence address form. According to MPEP 601.03(a):
“A juristic entity (e.g., organizational assignee) must be represented by a patent practitioner even if the juristic entity is the applicant.”
For juristic entity applicants, the following applies:
- A registered patent practitioner must sign the change of correspondence address form on behalf of the juristic entity
- The practitioner must be appointed to represent the juristic entity
- The appointment can be made in an Application Data Sheet (ADS) or a separate power of attorney document
It’s important to note that this requirement is in place to ensure proper legal representation for juristic entities in patent matters.
To learn more:
Yes, juristic entities (e.g., organizational assignees) must be represented by a patent practitioner. As stated in MPEP 401:
An applicant who is a juristic entity must be represented by a patent practitioner.
This requirement ensures that organizations have proper legal representation when navigating the complex patent application process. Individual inventors and joint inventors, however, may represent themselves if they choose to do so.
For more information on juristic entity, visit: juristic entity.
For more information on organizational assignee, visit: organizational assignee.
Patent Procedure (16)
According to MPEP 509.04(c), a certification of micro entity status can be signed only by an authorized party as set forth in 37 CFR 1.33(b), which includes:
- A patent practitioner of record
- A patent practitioner not of record who acts in a representative capacity under the provisions of 37 CFR 1.34
- The applicant (37 CFR 1.42)
It’s important to note that “Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.”
To learn more:
A patent practitioner plays a crucial role in signing micro entity certifications. According to MPEP 509.04(c), a patent practitioner can sign a micro entity certification in two capacities:
- As a patent practitioner of record
- As a patent practitioner not of record who acts in a representative capacity under the provisions of 37 CFR 1.34
Moreover, for juristic entities, “Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.” This includes micro entity certifications for corporate assignees or other organizational parties under 37 CFR 1.46.
To learn more:
A juristic entity, in the context of patent applications, typically refers to an organizational assignee such as a company or corporation. According to MPEP 401, juristic entities have special requirements:
“An applicant who is a juristic entity must be represented by a patent practitioner.”
This means that companies or other organizational entities cannot represent themselves in patent applications and must hire a registered patent attorney or agent to act on their behalf.
What are the signature requirements for papers filed by a juristic entity in a patent application?
For papers filed by a juristic entity (e.g., corporation) in a patent application:
- A person authorized to act on behalf of the juristic entity must sign.
- The signer’s name and title must be included.
- The papers must state the signer’s capacity to sign for the juristic entity.
The MPEP states: Papers filed on behalf of juristic entities must be signed by a patent practitioner. 37 CFR 1.33(b)(3).
(MPEP 402.03)
For example, a proper signature might look like: ‘John Smith, President, Corporation XYZ, authorized to sign on behalf of Corporation XYZ’.
To learn more:
Amendments and other papers filed in a patent application must be signed by specific individuals as outlined in 37 CFR 1.33(b):
- A patent practitioner of record
- A patent practitioner not of record who acts in a representative capacity under the provisions of 37 CFR 1.34
- The applicant (37 CFR 1.42)
It’s important to note that for juristic entities (e.g., corporations), 37 CFR 1.33(b)(3) specifies:
“Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.”
This requirement ensures that juristic entities are properly represented in patent proceedings.
To learn more:
For juristic entities (e.g., corporations, organizations), the USPTO has specific requirements for correspondence and signatures. According to 37 CFR 1.33(b)(3):
Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.
This means that:
- A juristic entity must prosecute a patent application through a registered patent practitioner.
- All correspondence, amendments, and other papers must be signed by a patent practitioner on behalf of the juristic entity.
- The juristic entity cannot directly correspond with the USPTO or sign documents without representation by a patent practitioner.
This requirement ensures that juristic entities have proper legal representation in patent matters, which can be complex and have significant legal implications.
To learn more:
A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:
‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’
The process typically involves:
- An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
- The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
- If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.
It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.
For more information on juristic entity, visit: juristic entity.
For more information on power of attorney, visit: power of attorney.
For more information on USPTO, visit: USPTO.
Yes, in most cases. According to MPEP 401, “An applicant for patent, other than a juristic entity (e.g., organizational assignee), may file and prosecute their own application, and thus act as their own representative (pro se) before the Office.” However, there are important considerations:
- Juristic entities (e.g., companies) must be represented by a patent practitioner
- Pro se applicants are subject to the same rules and potential sanctions as represented applicants
- Lack of familiarity with patent procedures may result in missed opportunities for optimal protection
Yes, a person can sign patent documents on behalf of a juristic entity, but there are specific requirements:
According to MPEP 402.03: ‘Papers submitted on behalf of juristic entities must be signed by a person having authority to sign for the juristic entity.’
This means:
- The signer must have the legal authority to act on behalf of the entity.
- For corporations, this typically includes officers or agents appointed by the board.
- For partnerships, a partner may sign.
- For universities, an authorized official may sign.
It’s crucial to ensure the signer has proper authorization to avoid potential issues with the patent application.
To learn more:
According to MPEP 604, a patent practitioner cannot automatically sign a substitute statement on behalf of a juristic entity. The MPEP states:
“Note: a power of attorney to a patent practitioner to prosecute a patent application executed by the juristic entity does not make that practitioner an official of the juristic entity or empower the practitioner to sign the substitute statement.“
For a juristic entity, the substitute statement may be signed by:
- A person in the organization with apparent authority to sign (e.g., an officer)
- Any person if the statement sets forth that the person is authorized to act on behalf of the juristic entity (e.g., the general counsel)
This ensures that the substitute statement is executed by someone with proper authority within the organization.
To learn more:
No, a non-practitioner (someone who is not a registered patent attorney or agent) cannot change the correspondence address for a company’s patent application, even if they have the authority to act on behalf of the company. The MPEP states:
If an application is filed by a company to whom the invention has been assigned or to whom there is an obligation to assign the invention, a person (other than a patent practitioner) who has the authority to act on behalf of the company may not change the correspondence address, as all papers signed on behalf of a juristic entity must be signed by a patent practitioner.
This requirement is based on 37 CFR 1.33(b)(3), which specifies that amendments and other papers must be signed by a patent practitioner when submitted on behalf of a juristic entity (such as a company).
To learn more:
To learn more:
Can a juristic entity be an applicant for a patent application?
No, a juristic entity cannot be an applicant for a patent application filed on or after September 16, 2012. The MPEP 605 clearly states: ‘A juristic entity (e.g., organizational assignee) cannot be named as the applicant for a patent application.’ This means that only natural persons, specifically the inventor(s), can be named as applicants. However, a juristic entity can be named as the assignee or applicant for other purposes, such as in an application for a reissue patent to replace an original patent granted on an application filed before September 16, 2012.
To learn more:
Can a juristic entity appoint a power of attorney in a patent application?
Yes, a juristic entity (such as a corporation or organization) can appoint a power of attorney in a patent application. However, there are specific requirements for doing so:
- The power of attorney must be signed by a person authorized to act on behalf of the juristic entity
- The person signing must have apparent authority to bind the juristic entity
The MPEP provides guidance on this matter:
A power of attorney from a juristic entity must be signed by a person authorized to act on behalf of the juristic entity. […] A power of attorney to a patent practitioner to prosecute a patent application executed by the applicant or the assignee of the entire interest of the applicant is the power of attorney of the applicant or assignee, not the power of attorney of the practitioner.
(MPEP 402.02(a))
It’s important to note that the power of attorney belongs to the juristic entity, not to the practitioner who is appointed.
To learn more:
Can a juristic entity applicant sign a power of attorney form for a patent application?
No, a juristic entity applicant (such as a corporation or organization) cannot directly sign a power of attorney form for a patent application. Instead, the power of attorney must be signed by a person authorized to act on behalf of the juristic entity.
According to MPEP 402.02(a):
“A power of attorney must be signed by the applicant for patent (37 CFR 1.42) or the patent owner (for reissue applications or reexamination proceedings). A power of attorney may only be signed by the applicant for patent (37 CFR 1.42) or the patent owner of record of the entire interest or their representative. An applicant for patent that is the assignee must comply with 37 CFR 3.71 and 3.73 to establish ownership of the application.”
For juristic entity applicants, this typically means that an officer or employee of the organization who has the authority to bind the organization must sign the power of attorney. This could be a CEO, president, or other authorized representative of the company.
It’s important to note that the person signing on behalf of a juristic entity should also provide their title or position within the organization to demonstrate their authority to act on behalf of the applicant.
To learn more:
No, a juristic entity applicant cannot directly sign a change of correspondence address form. According to MPEP 601.03(a):
“A juristic entity (e.g., organizational assignee) must be represented by a patent practitioner even if the juristic entity is the applicant.”
For juristic entity applicants, the following applies:
- A registered patent practitioner must sign the change of correspondence address form on behalf of the juristic entity
- The practitioner must be appointed to represent the juristic entity
- The appointment can be made in an Application Data Sheet (ADS) or a separate power of attorney document
It’s important to note that this requirement is in place to ensure proper legal representation for juristic entities in patent matters.
To learn more:
Yes, juristic entities (e.g., organizational assignees) must be represented by a patent practitioner. As stated in MPEP 401:
An applicant who is a juristic entity must be represented by a patent practitioner.
This requirement ensures that organizations have proper legal representation when navigating the complex patent application process. Individual inventors and joint inventors, however, may represent themselves if they choose to do so.
For more information on juristic entity, visit: juristic entity.
For more information on organizational assignee, visit: organizational assignee.