Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2500 – Maintenance Fees (1)
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.
To learn more:
MPEP 2590 – Acceptance Of Delayed Payment Of Maintenance Fee In Expired Patent To Reinstate Patent (1)
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.
To learn more:
MPEP 2600 – Optional Inter Partes Reexamination (1)
There are specific limitations on who can be named as a representative in a power of attorney for inter partes reexamination. The MPEP 2613 refers to 37 CFR 1.32(c), which states:
“A power of attorney may only name as representative the inventors or registered patent practitioners.”
This means that only the following individuals can be named as representatives in a power of attorney for inter partes reexamination:
- Inventors of the patent in question
- Registered patent attorneys
- Registered patent agents
It’s important to note that any attorney or agent representing a requester must be a registered patent practitioner with the USPTO.
To learn more:
MPEP 2613 – Representative Of Requester (1)
There are specific limitations on who can be named as a representative in a power of attorney for inter partes reexamination. The MPEP 2613 refers to 37 CFR 1.32(c), which states:
“A power of attorney may only name as representative the inventors or registered patent practitioners.”
This means that only the following individuals can be named as representatives in a power of attorney for inter partes reexamination:
- Inventors of the patent in question
- Registered patent attorneys
- Registered patent agents
It’s important to note that any attorney or agent representing a requester must be a registered patent practitioner with the USPTO.
To learn more:
Patent Law (2)
There are specific limitations on who can be named as a representative in a power of attorney for inter partes reexamination. The MPEP 2613 refers to 37 CFR 1.32(c), which states:
“A power of attorney may only name as representative the inventors or registered patent practitioners.”
This means that only the following individuals can be named as representatives in a power of attorney for inter partes reexamination:
- Inventors of the patent in question
- Registered patent attorneys
- Registered patent agents
It’s important to note that any attorney or agent representing a requester must be a registered patent practitioner with the USPTO.
To learn more:
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.
To learn more:
Patent Procedure (2)
There are specific limitations on who can be named as a representative in a power of attorney for inter partes reexamination. The MPEP 2613 refers to 37 CFR 1.32(c), which states:
“A power of attorney may only name as representative the inventors or registered patent practitioners.”
This means that only the following individuals can be named as representatives in a power of attorney for inter partes reexamination:
- Inventors of the patent in question
- Registered patent attorneys
- Registered patent agents
It’s important to note that any attorney or agent representing a requester must be a registered patent practitioner with the USPTO.
To learn more:
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.
To learn more: