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.

Patent attorneys and examiners generally do not need to be concerned about ‘[Reserved]’ sections like MPEP 212. These sections contain no substantive information and do not affect current patent examination procedures. However, it’s good practice to stay informed about MPEP updates in case reserved sections are filled with new content in the future.

Patent attorneys and examiners generally do not need to be concerned about ‘[Reserved]’ sections like MPEP 212. These sections contain no substantive information and do not affect current patent examination procedures. However, it’s good practice to stay informed about MPEP updates in case reserved sections are filled with new content in the future.

MPEP 402.08 has significant implications for patent attorneys involved in derivation proceedings. The key provision states:

While an application is involved in an interference or derivation proceeding, any power of attorney of or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration.

For patent attorneys, this means:

• Any changes in representation must go through the PTAB, not regular USPTO channels.
• There may be delays in processing power of attorney changes due to PTAB review.
• Attorneys must be prepared to justify changes in representation to the PTAB if necessary.
• The timing of representation changes may be influenced by the ongoing derivation proceeding.

Patent attorneys should be aware of these special procedures to ensure smooth transitions in representation during derivation proceedings.

To learn more:

• patent attorneys
• derivation proceeding
• power of attorney
• PTAB
• MPEP 402.08

To learn more:

• MPEP 402.08

Patent attorneys and examiners generally do not need to be concerned about ‘[Reserved]’ sections like MPEP 212. These sections contain no substantive information and do not affect current patent examination procedures. However, it’s good practice to stay informed about MPEP updates in case reserved sections are filled with new content in the future.

MPEP 402.08 has significant implications for patent attorneys involved in derivation proceedings. The key provision states:

While an application is involved in an interference or derivation proceeding, any power of attorney of or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration.

For patent attorneys, this means:

• Any changes in representation must go through the PTAB, not regular USPTO channels.
• There may be delays in processing power of attorney changes due to PTAB review.
• Attorneys must be prepared to justify changes in representation to the PTAB if necessary.
• The timing of representation changes may be influenced by the ongoing derivation proceeding.

Patent attorneys should be aware of these special procedures to ensure smooth transitions in representation during derivation proceedings.

To learn more:

• patent attorneys
• derivation proceeding
• power of attorney
• PTAB
• MPEP 402.08

To learn more:

• MPEP 402.08

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.

Patent attorneys and examiners generally do not need to be concerned about ‘[Reserved]’ sections like MPEP 212. These sections contain no substantive information and do not affect current patent examination procedures. However, it’s good practice to stay informed about MPEP updates in case reserved sections are filled with new content in the future.

MPEP 402.08 has significant implications for patent attorneys involved in derivation proceedings. The key provision states:

While an application is involved in an interference or derivation proceeding, any power of attorney of or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration.

For patent attorneys, this means:

• Any changes in representation must go through the PTAB, not regular USPTO channels.
• There may be delays in processing power of attorney changes due to PTAB review.
• Attorneys must be prepared to justify changes in representation to the PTAB if necessary.
• The timing of representation changes may be influenced by the ongoing derivation proceeding.

Patent attorneys should be aware of these special procedures to ensure smooth transitions in representation during derivation proceedings.

To learn more:

• patent attorneys
• derivation proceeding
• power of attorney
• PTAB
• MPEP 402.08

To learn more:

• MPEP 402.08