Patent Law FAQ

No, a patent attorney or agent who has been suspended or excluded from practice by the USPTO cannot inspect patent applications, unless they are an inventor or applicant on that particular application. The MPEP states:

USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application unless it is one in which said attorney or agent is an inventor or the applicant. Power to inspect given to such an attorney or agent will not be accepted.

This policy prevents suspended or excluded practitioners from accessing confidential application information they are no longer authorized to view.

Yes, the foreign application may have been filed by and in the name of the assignee or legal representative or agent of the inventor, as applicant.

If the certified copy of the foreign application corresponds with the one identified in the U.S. application and no discrepancies appear, it may be assumed the U.S. application is entitled to claim priority to the foreign application.

If the U.S. application and the certified copy do not name the same inventor or have at least one joint inventor in common, the priority date should be refused until the inconsistency is resolved. [MPEP 216]

Yes, the foreign application may have been filed by and in the name of the assignee or legal representative or agent of the inventor, as applicant.

If the certified copy of the foreign application corresponds with the one identified in the U.S. application and no discrepancies appear, it may be assumed the U.S. application is entitled to claim priority to the foreign application.

If the U.S. application and the certified copy do not name the same inventor or have at least one joint inventor in common, the priority date should be refused until the inconsistency is resolved. [MPEP 216]

The USPTO generally does not engage in double correspondence with applicants and their representatives. Specifically:

• The Office will not correspond with both an applicant and their attorney/agent.
• The Office will not correspond with more than one attorney/agent.
• If double correspondence is attempted, the examiner will include form paragraph 4.01 in the next Office action.

According to MPEP 403: “Double correspondence with an applicant and their attorney, or with two representatives, will not be undertaken. See MPEP §§ 403.01(a), 403.01(b), 403.02, and 714.01(d).”

Form paragraph 4.01 states: “Applicant has appointed an attorney or agent to conduct all business before the Patent and Trademark Office. Double correspondence with an applicant and applicant’s attorney or agent will not be undertaken. Accordingly, applicant is required to conduct all future correspondence with this Office through the attorney or agent of record. See 37 CFR 1.33.”

How does the USPTO handle correspondence for applications with multiple attorneys or agents?

When an application has multiple attorneys or agents of record, the USPTO follows specific guidelines for correspondence:

• The USPTO will direct all correspondence to the first named attorney or agent of record, unless otherwise specified.
• If a customer number is provided, correspondence will be sent to the address associated with that customer number.
• Applicants can designate one or more attorneys or agents to receive correspondence by filing a power of attorney or including the information in an application data sheet.

As stated in the MPEP:

If applicant provides, in a single paper, a list of patent practitioners and a correspondence address without also filing a clear power of attorney to a patent practitioner, the Office will direct all correspondence to the correspondence address pursuant to 37 CFR 1.33(a). (MPEP 403)

It’s important to clearly designate correspondence preferences to ensure proper communication with the USPTO.

For more information on patent agents, visit: patent agents.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO correspondence, visit: USPTO correspondence.

The USPTO provides several ways to find a registered patent attorney or agent, as mentioned in MPEP 401:

1. Visit the USPTO website: www.uspto.gov/FindPatentAttorney for a searchable listing of registered practitioners.
2. Write to the Office of Enrollment and Discipline (OED) to request a list of registered patent practitioners in your area:
   

   Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450

These resources can help you locate a qualified patent professional to assist with your patent application.

When an applicant’s patent attorney or agent is suspended, they can find a new registered patent attorney or agent by:

1. Consulting the USPTO website at https://oedci.uspto.gov/OEDCI/
2. Calling the Office of Enrollment and Discipline at (571) 272-4097

This information is provided in Form Paragraph 4.07 of MPEP § 407.

A registered patent attorney or agent who has been given a power of attorney may withdraw as attorney or agent of record by submitting a request to the USPTO. The process involves:

1. Filing a request for withdrawal with the USPTO
2. Obtaining approval from the Director of the USPTO
3. Notifying the applicant or patent owner of the withdrawal

MPEP 402.06 states: “When filing a request to withdraw as attorney or agent of record, the patent attorney or agent should briefly state the reason(s) for which he or she is withdrawing so that the Office can determine whether to grant the request.”

The practitioner must also take steps to protect the client’s interests, such as giving reasonable notice and allowing time for the client to find new representation.

The USPTO provides several ways to find a registered patent attorney or agent, as mentioned in MPEP 401:

1. Visit the USPTO website: www.uspto.gov/FindPatentAttorney for a searchable listing of registered practitioners.
2. Write to the Office of Enrollment and Discipline (OED) to request a list of registered patent practitioners in your area:
   

   Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450

These resources can help you locate a qualified patent professional to assist with your patent application.

A registered patent attorney or agent who has been given a power of attorney may withdraw as attorney or agent of record by submitting a request to the USPTO. The process involves:

1. Filing a request for withdrawal with the USPTO
2. Obtaining approval from the Director of the USPTO
3. Notifying the applicant or patent owner of the withdrawal

MPEP 402.06 states: “When filing a request to withdraw as attorney or agent of record, the patent attorney or agent should briefly state the reason(s) for which he or she is withdrawing so that the Office can determine whether to grant the request.”

The practitioner must also take steps to protect the client’s interests, such as giving reasonable notice and allowing time for the client to find new representation.

The USPTO generally does not engage in double correspondence with applicants and their representatives. Specifically:

• The Office will not correspond with both an applicant and their attorney/agent.
• The Office will not correspond with more than one attorney/agent.
• If double correspondence is attempted, the examiner will include form paragraph 4.01 in the next Office action.

According to MPEP 403: “Double correspondence with an applicant and their attorney, or with two representatives, will not be undertaken. See MPEP §§ 403.01(a), 403.01(b), 403.02, and 714.01(d).”

Form paragraph 4.01 states: “Applicant has appointed an attorney or agent to conduct all business before the Patent and Trademark Office. Double correspondence with an applicant and applicant’s attorney or agent will not be undertaken. Accordingly, applicant is required to conduct all future correspondence with this Office through the attorney or agent of record. See 37 CFR 1.33.”

How does the USPTO handle correspondence for applications with multiple attorneys or agents?

When an application has multiple attorneys or agents of record, the USPTO follows specific guidelines for correspondence:

• The USPTO will direct all correspondence to the first named attorney or agent of record, unless otherwise specified.
• If a customer number is provided, correspondence will be sent to the address associated with that customer number.
• Applicants can designate one or more attorneys or agents to receive correspondence by filing a power of attorney or including the information in an application data sheet.

As stated in the MPEP:

If applicant provides, in a single paper, a list of patent practitioners and a correspondence address without also filing a clear power of attorney to a patent practitioner, the Office will direct all correspondence to the correspondence address pursuant to 37 CFR 1.33(a). (MPEP 403)

It’s important to clearly designate correspondence preferences to ensure proper communication with the USPTO.

For more information on patent agents, visit: patent agents.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO correspondence, visit: USPTO correspondence.

When an applicant’s patent attorney or agent is suspended, they can find a new registered patent attorney or agent by:

1. Consulting the USPTO website at https://oedci.uspto.gov/OEDCI/
2. Calling the Office of Enrollment and Discipline at (571) 272-4097

This information is provided in Form Paragraph 4.07 of MPEP § 407.

The USPTO generally does not engage in double correspondence with applicants and their representatives. Specifically:

• The Office will not correspond with both an applicant and their attorney/agent.
• The Office will not correspond with more than one attorney/agent.
• If double correspondence is attempted, the examiner will include form paragraph 4.01 in the next Office action.

According to MPEP 403: “Double correspondence with an applicant and their attorney, or with two representatives, will not be undertaken. See MPEP §§ 403.01(a), 403.01(b), 403.02, and 714.01(d).”

Form paragraph 4.01 states: “Applicant has appointed an attorney or agent to conduct all business before the Patent and Trademark Office. Double correspondence with an applicant and applicant’s attorney or agent will not be undertaken. Accordingly, applicant is required to conduct all future correspondence with this Office through the attorney or agent of record. See 37 CFR 1.33.”

How does the USPTO handle correspondence for applications with multiple attorneys or agents?

When an application has multiple attorneys or agents of record, the USPTO follows specific guidelines for correspondence:

• The USPTO will direct all correspondence to the first named attorney or agent of record, unless otherwise specified.
• If a customer number is provided, correspondence will be sent to the address associated with that customer number.
• Applicants can designate one or more attorneys or agents to receive correspondence by filing a power of attorney or including the information in an application data sheet.

As stated in the MPEP:

If applicant provides, in a single paper, a list of patent practitioners and a correspondence address without also filing a clear power of attorney to a patent practitioner, the Office will direct all correspondence to the correspondence address pursuant to 37 CFR 1.33(a). (MPEP 403)

It’s important to clearly designate correspondence preferences to ensure proper communication with the USPTO.

For more information on patent agents, visit: patent agents.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO correspondence, visit: USPTO correspondence.

The USPTO provides several ways to find a registered patent attorney or agent, as mentioned in MPEP 401:

1. Visit the USPTO website: www.uspto.gov/FindPatentAttorney for a searchable listing of registered practitioners.
2. Write to the Office of Enrollment and Discipline (OED) to request a list of registered patent practitioners in your area:
   

   Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450

These resources can help you locate a qualified patent professional to assist with your patent application.

When an applicant’s patent attorney or agent is suspended, they can find a new registered patent attorney or agent by:

1. Consulting the USPTO website at https://oedci.uspto.gov/OEDCI/
2. Calling the Office of Enrollment and Discipline at (571) 272-4097

This information is provided in Form Paragraph 4.07 of MPEP § 407.

A registered patent attorney or agent who has been given a power of attorney may withdraw as attorney or agent of record by submitting a request to the USPTO. The process involves:

1. Filing a request for withdrawal with the USPTO
2. Obtaining approval from the Director of the USPTO
3. Notifying the applicant or patent owner of the withdrawal

MPEP 402.06 states: “When filing a request to withdraw as attorney or agent of record, the patent attorney or agent should briefly state the reason(s) for which he or she is withdrawing so that the Office can determine whether to grant the request.”

The practitioner must also take steps to protect the client’s interests, such as giving reasonable notice and allowing time for the client to find new representation.

Yes, the foreign application may have been filed by and in the name of the assignee or legal representative or agent of the inventor, as applicant.

If the certified copy of the foreign application corresponds with the one identified in the U.S. application and no discrepancies appear, it may be assumed the U.S. application is entitled to claim priority to the foreign application.

If the U.S. application and the certified copy do not name the same inventor or have at least one joint inventor in common, the priority date should be refused until the inconsistency is resolved. [MPEP 216]

No, a patent attorney or agent who has been suspended or excluded from practice by the USPTO cannot inspect patent applications, unless they are an inventor or applicant on that particular application. The MPEP states:

USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application unless it is one in which said attorney or agent is an inventor or the applicant. Power to inspect given to such an attorney or agent will not be accepted.

This policy prevents suspended or excluded practitioners from accessing confidential application information they are no longer authorized to view.

The USPTO generally does not engage in double correspondence with applicants and their representatives. Specifically:

• The Office will not correspond with both an applicant and their attorney/agent.
• The Office will not correspond with more than one attorney/agent.
• If double correspondence is attempted, the examiner will include form paragraph 4.01 in the next Office action.

According to MPEP 403: “Double correspondence with an applicant and their attorney, or with two representatives, will not be undertaken. See MPEP §§ 403.01(a), 403.01(b), 403.02, and 714.01(d).”

Form paragraph 4.01 states: “Applicant has appointed an attorney or agent to conduct all business before the Patent and Trademark Office. Double correspondence with an applicant and applicant’s attorney or agent will not be undertaken. Accordingly, applicant is required to conduct all future correspondence with this Office through the attorney or agent of record. See 37 CFR 1.33.”

How does the USPTO handle correspondence for applications with multiple attorneys or agents?

When an application has multiple attorneys or agents of record, the USPTO follows specific guidelines for correspondence:

• The USPTO will direct all correspondence to the first named attorney or agent of record, unless otherwise specified.
• If a customer number is provided, correspondence will be sent to the address associated with that customer number.
• Applicants can designate one or more attorneys or agents to receive correspondence by filing a power of attorney or including the information in an application data sheet.

As stated in the MPEP:

If applicant provides, in a single paper, a list of patent practitioners and a correspondence address without also filing a clear power of attorney to a patent practitioner, the Office will direct all correspondence to the correspondence address pursuant to 37 CFR 1.33(a). (MPEP 403)

It’s important to clearly designate correspondence preferences to ensure proper communication with the USPTO.

For more information on patent agents, visit: patent agents.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO correspondence, visit: USPTO correspondence.

The USPTO provides several ways to find a registered patent attorney or agent, as mentioned in MPEP 401:

1. Visit the USPTO website: www.uspto.gov/FindPatentAttorney for a searchable listing of registered practitioners.
2. Write to the Office of Enrollment and Discipline (OED) to request a list of registered patent practitioners in your area:
   

   Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450

These resources can help you locate a qualified patent professional to assist with your patent application.

When an applicant’s patent attorney or agent is suspended, they can find a new registered patent attorney or agent by:

1. Consulting the USPTO website at https://oedci.uspto.gov/OEDCI/
2. Calling the Office of Enrollment and Discipline at (571) 272-4097

This information is provided in Form Paragraph 4.07 of MPEP § 407.

A registered patent attorney or agent who has been given a power of attorney may withdraw as attorney or agent of record by submitting a request to the USPTO. The process involves:

1. Filing a request for withdrawal with the USPTO
2. Obtaining approval from the Director of the USPTO
3. Notifying the applicant or patent owner of the withdrawal

MPEP 402.06 states: “When filing a request to withdraw as attorney or agent of record, the patent attorney or agent should briefly state the reason(s) for which he or she is withdrawing so that the Office can determine whether to grant the request.”

The practitioner must also take steps to protect the client’s interests, such as giving reasonable notice and allowing time for the client to find new representation.

Yes, the foreign application may have been filed by and in the name of the assignee or legal representative or agent of the inventor, as applicant.

If the certified copy of the foreign application corresponds with the one identified in the U.S. application and no discrepancies appear, it may be assumed the U.S. application is entitled to claim priority to the foreign application.

If the U.S. application and the certified copy do not name the same inventor or have at least one joint inventor in common, the priority date should be refused until the inconsistency is resolved. [MPEP 216]