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 (6)
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.
What is the significance of a power of attorney in patent applications?
A power of attorney is a crucial document in patent applications that authorizes an attorney or agent to act on behalf of the applicant or assignee. According to MPEP 402.04, “A power of attorney may be filed in an individual application, either original or reissue, and in any national stage application.” This document allows the designated representative to make decisions, file documents, and communicate with the USPTO on behalf of the applicant. It’s important to note that the power of attorney must be properly executed and filed to be effective.
To learn more:
How can I revoke a power of attorney in a patent application filed on or after September 16, 2012?
How can I revoke a power of attorney in a patent application filed on or after September 16, 2012?
To revoke a power of attorney in a patent application filed on or after September 16, 2012, you need to follow these steps:
- Submit a new power of attorney form (PTO/AIA/82) or a revocation form (PTO/AIA/83).
- The revocation must be signed by the applicant or patent owner.
- If using form PTO/AIA/82, check the box indicating revocation of all previous powers of attorney.
According to MPEP 402.02(a): “A power of attorney may be revoked only by the applicant or patent owner. An assignee who is not the applicant may revoke a power of attorney only if the assignee becomes the applicant per 37 CFR 1.46(c).”
It’s important to note that the revocation is not retroactive; it only takes effect when received by the USPTO.
To learn more:
What is the difference between a principal and an associate power of attorney in patent applications?
In patent applications, there is a distinction between principal and associate powers of attorney:
- Principal Power of Attorney: This is the primary power of attorney granted by the applicant to a patent practitioner or firm.
- Associate Power of Attorney: This is a secondary power of attorney that can be granted by the principal attorney to another practitioner or firm.
According to MPEP 402.02(a):
“A principal attorney or agent may appoint an associate power of attorney to act in a representative capacity. See 37 CFR 1.32(b). An associate power of attorney is a power of attorney given to a second attorney or agent by an already appointed principal patent attorney or agent. The associate power of attorney is given by the principal attorney or agent to the associate attorney or agent, not by the applicant.”
It’s important to note that an associate power of attorney does not replace the principal power of attorney but rather supplements it, allowing for additional representation in the patent application process.
To learn more:
A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:
‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’
The process typically involves:
- An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
- The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
- If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.
It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.
For more information on juristic entity, visit: juristic entity.
For more information on power of attorney, visit: power of attorney.
For more information on USPTO, visit: USPTO.
MPEP 402 – Power of Attorney; Naming Representative (1)
A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:
‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’
The process typically involves:
- An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
- The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
- If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.
It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.
For more information on juristic entity, visit: juristic entity.
For more information on power of attorney, visit: power of attorney.
For more information on USPTO, visit: USPTO.
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 (8)
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:
What is the significance of a power of attorney in patent applications?
A power of attorney is a crucial document in patent applications that authorizes an attorney or agent to act on behalf of the applicant or assignee. According to MPEP 402.04, “A power of attorney may be filed in an individual application, either original or reissue, and in any national stage application.” This document allows the designated representative to make decisions, file documents, and communicate with the USPTO on behalf of the applicant. It’s important to note that the power of attorney must be properly executed and filed to be effective.
To learn more:
What is the difference between a general power of attorney and a limited power of attorney in patent applications?
In patent applications, there are two main types of power of attorney: general and limited. The MPEP 601.02 distinguishes between these as follows:
“A power of attorney may be in the form of a general power of attorney, e.g., to represent the client in all matters before the Office, or limited, e.g., to represent the client in a particular application or in a particular aspect of an application.”
Key differences include:
- General Power of Attorney: Grants broad authority to represent the client in all matters before the USPTO
- Limited Power of Attorney: Restricts the attorney’s authority to specific applications or aspects of an application
When deciding between the two, consider the scope of representation needed and any potential conflicts of interest. A limited power of attorney can be useful when working with multiple attorneys or when you want to maintain control over certain aspects of your patent portfolio.
To learn more:
How can I revoke a power of attorney in a patent application filed on or after September 16, 2012?
How can I revoke a power of attorney in a patent application filed on or after September 16, 2012?
To revoke a power of attorney in a patent application filed on or after September 16, 2012, you need to follow these steps:
- Submit a new power of attorney form (PTO/AIA/82) or a revocation form (PTO/AIA/83).
- The revocation must be signed by the applicant or patent owner.
- If using form PTO/AIA/82, check the box indicating revocation of all previous powers of attorney.
According to MPEP 402.02(a): “A power of attorney may be revoked only by the applicant or patent owner. An assignee who is not the applicant may revoke a power of attorney only if the assignee becomes the applicant per 37 CFR 1.46(c).”
It’s important to note that the revocation is not retroactive; it only takes effect when received by the USPTO.
To learn more:
What is the difference between a principal and an associate power of attorney in patent applications?
In patent applications, there is a distinction between principal and associate powers of attorney:
- Principal Power of Attorney: This is the primary power of attorney granted by the applicant to a patent practitioner or firm.
- Associate Power of Attorney: This is a secondary power of attorney that can be granted by the principal attorney to another practitioner or firm.
According to MPEP 402.02(a):
“A principal attorney or agent may appoint an associate power of attorney to act in a representative capacity. See 37 CFR 1.32(b). An associate power of attorney is a power of attorney given to a second attorney or agent by an already appointed principal patent attorney or agent. The associate power of attorney is given by the principal attorney or agent to the associate attorney or agent, not by the applicant.”
It’s important to note that an associate power of attorney does not replace the principal power of attorney but rather supplements it, allowing for additional representation in the patent application process.
To learn more:
A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:
‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’
The process typically involves:
- An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
- The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
- If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.
It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.
For more information on juristic entity, visit: juristic entity.
For more information on power of attorney, visit: power of attorney.
For more information on USPTO, visit: USPTO.
Patent Procedure (8)
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:
What is the significance of a power of attorney in patent applications?
A power of attorney is a crucial document in patent applications that authorizes an attorney or agent to act on behalf of the applicant or assignee. According to MPEP 402.04, “A power of attorney may be filed in an individual application, either original or reissue, and in any national stage application.” This document allows the designated representative to make decisions, file documents, and communicate with the USPTO on behalf of the applicant. It’s important to note that the power of attorney must be properly executed and filed to be effective.
To learn more:
What is the difference between a general power of attorney and a limited power of attorney in patent applications?
In patent applications, there are two main types of power of attorney: general and limited. The MPEP 601.02 distinguishes between these as follows:
“A power of attorney may be in the form of a general power of attorney, e.g., to represent the client in all matters before the Office, or limited, e.g., to represent the client in a particular application or in a particular aspect of an application.”
Key differences include:
- General Power of Attorney: Grants broad authority to represent the client in all matters before the USPTO
- Limited Power of Attorney: Restricts the attorney’s authority to specific applications or aspects of an application
When deciding between the two, consider the scope of representation needed and any potential conflicts of interest. A limited power of attorney can be useful when working with multiple attorneys or when you want to maintain control over certain aspects of your patent portfolio.
To learn more:
How can I revoke a power of attorney in a patent application filed on or after September 16, 2012?
How can I revoke a power of attorney in a patent application filed on or after September 16, 2012?
To revoke a power of attorney in a patent application filed on or after September 16, 2012, you need to follow these steps:
- Submit a new power of attorney form (PTO/AIA/82) or a revocation form (PTO/AIA/83).
- The revocation must be signed by the applicant or patent owner.
- If using form PTO/AIA/82, check the box indicating revocation of all previous powers of attorney.
According to MPEP 402.02(a): “A power of attorney may be revoked only by the applicant or patent owner. An assignee who is not the applicant may revoke a power of attorney only if the assignee becomes the applicant per 37 CFR 1.46(c).”
It’s important to note that the revocation is not retroactive; it only takes effect when received by the USPTO.
To learn more:
What is the difference between a principal and an associate power of attorney in patent applications?
In patent applications, there is a distinction between principal and associate powers of attorney:
- Principal Power of Attorney: This is the primary power of attorney granted by the applicant to a patent practitioner or firm.
- Associate Power of Attorney: This is a secondary power of attorney that can be granted by the principal attorney to another practitioner or firm.
According to MPEP 402.02(a):
“A principal attorney or agent may appoint an associate power of attorney to act in a representative capacity. See 37 CFR 1.32(b). An associate power of attorney is a power of attorney given to a second attorney or agent by an already appointed principal patent attorney or agent. The associate power of attorney is given by the principal attorney or agent to the associate attorney or agent, not by the applicant.”
It’s important to note that an associate power of attorney does not replace the principal power of attorney but rather supplements it, allowing for additional representation in the patent application process.
To learn more:
A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:
‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’
The process typically involves:
- An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
- The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
- If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.
It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.
For more information on juristic entity, visit: juristic entity.
For more information on power of attorney, visit: power of attorney.
For more information on USPTO, visit: USPTO.