Patent Law FAQ

The signature requirements for a petition for delayed payment of maintenance fees depend on when the application was filed, as outlined in MPEP 2590:

For applications filed on or after September 16, 2012:

According to 37 CFR 1.33(b), the petition must be signed by:

• A patent practitioner of record
• A patent practitioner not of record who acts in a representative capacity under 37 CFR 1.34
• The applicant (37 CFR 1.42)

For juristic entities, the petition must be signed by a patent practitioner unless otherwise specified.

For applications filed before September 16, 2012:

Pre-AIA 37 CFR 1.33(b) allows the petition to be signed by:

• A patent practitioner of record
• A patent practitioner not of record acting in a representative capacity
• An assignee as provided for under pre-AIA 37 CFR 3.71(b)
• All of the applicants (pre-AIA 37 CFR 1.41(b))

It’s crucial to ensure the correct person signs the petition to avoid potential delays or rejections.

Unintentional Delayed Maintenance Fee Acceptable to Reinstate Patent MPEP 2590 Permitted
Petition to Reinstate Patent After Expired Maintenance Fee MPEP 2590 Required
Petition to Accept Unintentionally Delayed Maintenance Fee Must Include Specific Fees and Statement MPEP 2590 Required
Petition for Unintentionally Delayed Maintenance Fee MPEP 2590 Informative
Petition for Reconsideration of Delayed Fee Refusal MPEP 2590 Permitted

The signature requirements for a petition for delayed payment of maintenance fees depend on when the application was filed, as outlined in MPEP 2590:

For applications filed on or after September 16, 2012:

According to 37 CFR 1.33(b), the petition must be signed by:

• A patent practitioner of record
• A patent practitioner not of record who acts in a representative capacity under 37 CFR 1.34
• The applicant (37 CFR 1.42)

For juristic entities, the petition must be signed by a patent practitioner unless otherwise specified.

For applications filed before September 16, 2012:

Pre-AIA 37 CFR 1.33(b) allows the petition to be signed by:

• A patent practitioner of record
• A patent practitioner not of record acting in a representative capacity
• An assignee as provided for under pre-AIA 37 CFR 3.71(b)
• All of the applicants (pre-AIA 37 CFR 1.41(b))

It’s crucial to ensure the correct person signs the petition to avoid potential delays or rejections.

Unintentional Delayed Maintenance Fee Acceptable to Reinstate Patent MPEP 2590 Permitted
Petition to Reinstate Patent After Expired Maintenance Fee MPEP 2590 Required
Petition to Accept Unintentionally Delayed Maintenance Fee Must Include Specific Fees and Statement MPEP 2590 Required
Petition for Unintentionally Delayed Maintenance Fee MPEP 2590 Informative
Petition for Reconsideration of Delayed Fee Refusal MPEP 2590 Permitted

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.

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.

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.

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.

The signature requirements for a petition for delayed payment of maintenance fees depend on when the application was filed, as outlined in MPEP 2590:

For applications filed on or after September 16, 2012:

According to 37 CFR 1.33(b), the petition must be signed by:

• A patent practitioner of record
• A patent practitioner not of record who acts in a representative capacity under 37 CFR 1.34
• The applicant (37 CFR 1.42)

For juristic entities, the petition must be signed by a patent practitioner unless otherwise specified.

For applications filed before September 16, 2012:

Pre-AIA 37 CFR 1.33(b) allows the petition to be signed by:

• A patent practitioner of record
• A patent practitioner not of record acting in a representative capacity
• An assignee as provided for under pre-AIA 37 CFR 3.71(b)
• All of the applicants (pre-AIA 37 CFR 1.41(b))

It’s crucial to ensure the correct person signs the petition to avoid potential delays or rejections.

Unintentional Delayed Maintenance Fee Acceptable to Reinstate Patent MPEP 2590 Permitted
Petition to Reinstate Patent After Expired Maintenance Fee MPEP 2590 Required
Petition to Accept Unintentionally Delayed Maintenance Fee Must Include Specific Fees and Statement MPEP 2590 Required
Petition for Unintentionally Delayed Maintenance Fee MPEP 2590 Informative
Petition for Reconsideration of Delayed Fee Refusal MPEP 2590 Permitted

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.

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.

The signature requirements for a petition for delayed payment of maintenance fees depend on when the application was filed, as outlined in MPEP 2590:

For applications filed on or after September 16, 2012:

According to 37 CFR 1.33(b), the petition must be signed by:

• A patent practitioner of record
• A patent practitioner not of record who acts in a representative capacity under 37 CFR 1.34
• The applicant (37 CFR 1.42)

For juristic entities, the petition must be signed by a patent practitioner unless otherwise specified.

For applications filed before September 16, 2012:

Pre-AIA 37 CFR 1.33(b) allows the petition to be signed by:

• A patent practitioner of record
• A patent practitioner not of record acting in a representative capacity
• An assignee as provided for under pre-AIA 37 CFR 3.71(b)
• All of the applicants (pre-AIA 37 CFR 1.41(b))

It’s crucial to ensure the correct person signs the petition to avoid potential delays or rejections.

Unintentional Delayed Maintenance Fee Acceptable to Reinstate Patent MPEP 2590 Permitted
Petition to Reinstate Patent After Expired Maintenance Fee MPEP 2590 Required
Petition to Accept Unintentionally Delayed Maintenance Fee Must Include Specific Fees and Statement MPEP 2590 Required
Petition for Unintentionally Delayed Maintenance Fee MPEP 2590 Informative
Petition for Reconsideration of Delayed Fee Refusal MPEP 2590 Permitted