Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 400 – Representative of Applicant or Owner (2)
Form PTO/AIA/82 is a USPTO form used by the applicant for patent to appoint one or more patent practitioners as power of attorney. This form consists of three parts:
- Part A (PTO/AIA/82A): A transmittal page used to identify the application to which the power of attorney is directed. It must be signed by a proper 37 CFR 1.33(b) party.
- Part B (PTO/AIA/82B): The actual power of attorney, which may also specify the correspondence address. This part must be signed by the applicant.
- Part C (PTO/AIA/82C): An optional page that may be used to appoint up to 10 patent practitioners by name and registration number.
The MPEP notes that “PTO/AIA/82 may be used like a general power of attorney, if desired.” For example, an officer of a juristic entity assignee could sign Part B, leaving the “Application Number” and “Filing Date” boxes empty. Then, a patent practitioner could complete and sign one Part A for each respective application and file a copy of Part B with each Part A.
It’s important to note that the “Application Number” and “Filing Date” boxes on Part B must be completed to identify the application if Part A or an equivalent is not filed with Part B. These boxes may not be filled in by a patent practitioner after Part B has been signed by the applicant.
To learn more:
A Customer Number is a USPTO-assigned number that can be used to:
- Designate the correspondence address for a patent application or patent
- Designate the fee address for a patent
- Submit a list of practitioners with power of attorney
According to MPEP 403: “A Customer Number may be used to designate the address associated with the Customer Number as the correspondence address of an application (or patent) or the fee address of a patent, and may also be used to submit a power of attorney in the application (or patent) to the registered practitioners associated with the Customer Number.”
Using a Customer Number simplifies making changes to correspondence addresses and practitioner information across multiple applications.
For more information on Correspondence Address, visit: Correspondence Address.
For more information on Customer Number, visit: Customer Number.
For more information on Fee Address, visit: Fee Address.
For more information on power of attorney, visit: power of attorney.
MPEP 403 – Correspondence — With Whom Held; Customer Number Practice (1)
A Customer Number is a USPTO-assigned number that can be used to:
- Designate the correspondence address for a patent application or patent
- Designate the fee address for a patent
- Submit a list of practitioners with power of attorney
According to MPEP 403: “A Customer Number may be used to designate the address associated with the Customer Number as the correspondence address of an application (or patent) or the fee address of a patent, and may also be used to submit a power of attorney in the application (or patent) to the registered practitioners associated with the Customer Number.”
Using a Customer Number simplifies making changes to correspondence addresses and practitioner information across multiple applications.
For more information on Correspondence Address, visit: Correspondence Address.
For more information on Customer Number, visit: Customer Number.
For more information on Fee Address, visit: Fee Address.
For more information on power of attorney, visit: power of attorney.
Patent Law (3)
Form PTO/AIA/82 is a USPTO form used by the applicant for patent to appoint one or more patent practitioners as power of attorney. This form consists of three parts:
- Part A (PTO/AIA/82A): A transmittal page used to identify the application to which the power of attorney is directed. It must be signed by a proper 37 CFR 1.33(b) party.
- Part B (PTO/AIA/82B): The actual power of attorney, which may also specify the correspondence address. This part must be signed by the applicant.
- Part C (PTO/AIA/82C): An optional page that may be used to appoint up to 10 patent practitioners by name and registration number.
The MPEP notes that “PTO/AIA/82 may be used like a general power of attorney, if desired.” For example, an officer of a juristic entity assignee could sign Part B, leaving the “Application Number” and “Filing Date” boxes empty. Then, a patent practitioner could complete and sign one Part A for each respective application and file a copy of Part B with each Part A.
It’s important to note that the “Application Number” and “Filing Date” boxes on Part B must be completed to identify the application if Part A or an equivalent is not filed with Part B. These boxes may not be filled in by a patent practitioner after Part B has been signed by the applicant.
To learn more:
A Customer Number is a USPTO-assigned number that can be used to:
- Designate the correspondence address for a patent application or patent
- Designate the fee address for a patent
- Submit a list of practitioners with power of attorney
According to MPEP 403: “A Customer Number may be used to designate the address associated with the Customer Number as the correspondence address of an application (or patent) or the fee address of a patent, and may also be used to submit a power of attorney in the application (or patent) to the registered practitioners associated with the Customer Number.”
Using a Customer Number simplifies making changes to correspondence addresses and practitioner information across multiple applications.
For more information on Correspondence Address, visit: Correspondence Address.
For more information on Customer Number, visit: Customer Number.
For more information on Fee Address, visit: Fee Address.
For more information on power of attorney, visit: power of attorney.
Can a power of attorney be filed after the patent application is submitted to the USPTO?
Yes, a power of attorney can be filed after the patent application is submitted to the USPTO. The MPEP 601.02 states:
“A power of attorney may be filed in a provisional application, a nonprovisional application, a reexamination proceeding, or a supplemental examination proceeding.”
This means that you can file a power of attorney at various stages of the patent process, including:
- At the time of filing the application
- After the application has been submitted
- During prosecution of the application
- Even after the patent has been granted (for reexamination or supplemental examination proceedings)
However, it’s generally advisable to file the power of attorney as early as possible to ensure smooth communication with the USPTO throughout the application process. If you need to file a power of attorney after submission, use the appropriate USPTO form and follow the current filing procedures.
To learn more:
Patent Procedure (3)
Form PTO/AIA/82 is a USPTO form used by the applicant for patent to appoint one or more patent practitioners as power of attorney. This form consists of three parts:
- Part A (PTO/AIA/82A): A transmittal page used to identify the application to which the power of attorney is directed. It must be signed by a proper 37 CFR 1.33(b) party.
- Part B (PTO/AIA/82B): The actual power of attorney, which may also specify the correspondence address. This part must be signed by the applicant.
- Part C (PTO/AIA/82C): An optional page that may be used to appoint up to 10 patent practitioners by name and registration number.
The MPEP notes that “PTO/AIA/82 may be used like a general power of attorney, if desired.” For example, an officer of a juristic entity assignee could sign Part B, leaving the “Application Number” and “Filing Date” boxes empty. Then, a patent practitioner could complete and sign one Part A for each respective application and file a copy of Part B with each Part A.
It’s important to note that the “Application Number” and “Filing Date” boxes on Part B must be completed to identify the application if Part A or an equivalent is not filed with Part B. These boxes may not be filled in by a patent practitioner after Part B has been signed by the applicant.
To learn more:
A Customer Number is a USPTO-assigned number that can be used to:
- Designate the correspondence address for a patent application or patent
- Designate the fee address for a patent
- Submit a list of practitioners with power of attorney
According to MPEP 403: “A Customer Number may be used to designate the address associated with the Customer Number as the correspondence address of an application (or patent) or the fee address of a patent, and may also be used to submit a power of attorney in the application (or patent) to the registered practitioners associated with the Customer Number.”
Using a Customer Number simplifies making changes to correspondence addresses and practitioner information across multiple applications.
For more information on Correspondence Address, visit: Correspondence Address.
For more information on Customer Number, visit: Customer Number.
For more information on Fee Address, visit: Fee Address.
For more information on power of attorney, visit: power of attorney.
Can a power of attorney be filed after the patent application is submitted to the USPTO?
Yes, a power of attorney can be filed after the patent application is submitted to the USPTO. The MPEP 601.02 states:
“A power of attorney may be filed in a provisional application, a nonprovisional application, a reexamination proceeding, or a supplemental examination proceeding.”
This means that you can file a power of attorney at various stages of the patent process, including:
- At the time of filing the application
- After the application has been submitted
- During prosecution of the application
- Even after the patent has been granted (for reexamination or supplemental examination proceedings)
However, it’s generally advisable to file the power of attorney as early as possible to ensure smooth communication with the USPTO throughout the application process. If you need to file a power of attorney after submission, use the appropriate USPTO form and follow the current filing procedures.
To learn more: