Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
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:
MPEP 400 – Representative of Applicant or Owner (14)
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:
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.
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:
When revoking a power of attorney in a situation where there is no practitioner of record, special considerations apply. The MPEP 402.05 states:
‘If a power of attorney is revoked, and a new power of attorney is not promptly filed, then pursuant to 37 CFR 1.33(a) the correspondence address will be changed to that of the inventor(s) or assignee(s) who last provided a correspondence address.’
This means:
- The USPTO will change the correspondence address to that of the inventor(s) or assignee(s).
- The last provided correspondence address by the inventor(s) or assignee(s) will be used.
- All future communications from the USPTO will be sent to this address.
- It’s crucial to provide a new power of attorney or update the correspondence address promptly to ensure receipt of important communications.
To learn more:
For applications filed before September 16, 2012, the process for an assignee to revoke a power of attorney is different. According to the MPEP:
In applications filed before September 16, 2012, the assignee of record of the entire interest can revoke the power of attorney of the applicant unless an ‘irrevocable’ right to prosecute the application had been given as in some government owned applications.
The assignee must establish their right to take action as provided in pre-AIA 37 CFR 3.73(b). Once this is done, a power of attorney by the assignee of the entire interest revokes all powers given by the applicant and prior assignees.
Form PTO/SB/80 can be used by an assignee to revoke a power of attorney and appoint a new one. The assignee would sign the power of attorney, and either the assignee or the newly appointed practitioner would sign a statement under pre-AIA 37 CFR 3.73(b).
To learn more:
There are significant differences in power of attorney requirements for patent applications filed before and after September 16, 2012. Key differences include:
- Signature Requirements: For applications filed on or after September 16, 2012, the power of attorney must be signed by the applicant for patent or the patent owner. For applications filed before September 16, 2012, it must be signed by the applicant for patent or the assignee of the entire interest of the applicant.
- Definition of Applicant: The definition of ‘applicant’ changed with the America Invents Act. For applications filed on or after September 16, 2012, the applicant can be the inventor(s) or a non-inventor applicant (e.g., an assignee).
- Forms: Different forms are used for applications filed before and after September 16, 2012. For example, Form PTO/AIA/80 is used for applications filed on or after September 16, 2012, while Form PTO/SB/80 is used for earlier applications.
It’s crucial to use the correct forms and follow the appropriate rules based on the application’s filing date to ensure the power of attorney is properly executed and recognized by the USPTO.
To learn more:
When a new power of attorney is filed that lists only one of two previously appointed patent practitioners, it has significant implications. According to MPEP 403.02:
“Note that if the later-filed power of attorney only lists the second practitioner, the later-filed power of attorney serves as a revocation of the earlier-filed power of attorney, even without an express revocation of the power of the first patent practitioner.”
This means that filing a new power of attorney listing only one practitioner effectively revokes the authority of the previously appointed practitioner, even if the revocation is not explicitly stated. This is an important consideration for applicants and practitioners when making changes to representation.
To learn more:
In pre-2012 patent applications, filing a new power of attorney can have significant effects on existing powers of attorney. MPEP 402.05(b) outlines several scenarios:
- New power of attorney without explicit revocation: “When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files another power of attorney, giving power of attorney to D without revoking all prior powers of attorney, the subsequently filed power of attorney will be treated as a revocation of the original power of attorney.”
- Assignee filing new power of attorney: “If the applicant signed the original power of attorney, and an assignee of the entire interest of the applicant later takes action and files a new power of attorney, the original power of attorney is revoked and replaced by the power of attorney filed by the assignee.”
- Change in Customer Number: “If a power of attorney is given to the practitioners associated with a Customer Number, and a (second) power of attorney is later received giving power of attorney to patent practitioners associated with a different Customer Number, the second power of attorney will be processed, with the first Customer Number being replaced with the second.”
In all these cases, the most recently filed power of attorney will control, effectively revoking or replacing the previous ones.
To learn more:
Filing a new power of attorney typically revokes all prior powers of attorney. According to MPEP 402.05: When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files another power of attorney, giving power of attorney to D without revoking all prior powers of attorney, the subsequently filed power of attorney will be treated as a revocation of the original power of attorney.
This means that the most recently filed power of attorney will control.
To learn more:
When a new power of attorney is filed, it generally revokes all prior powers of attorney. MPEP 402.05(a) provides several scenarios:
- If a new power of attorney is filed without explicitly revoking prior ones, it will be treated as a revocation of the original power of attorney.
- If an assignee files a new power of attorney, it revokes and replaces the original power of attorney filed by the applicant.
- If a power of attorney is given to practitioners associated with a Customer Number, and a second power of attorney is later received for a different Customer Number, the second one will replace the first.
The MPEP states:
In all of these situations, the most recently filed power of attorney will control.
This means that the latest power of attorney filed will take precedence over any previously filed ones.
To learn more:
Yes, a power of attorney can be revoked in a patent application. The process for revocation is outlined in MPEP 402:
‘The power of attorney may be revoked at any time. Pursuant to 37 CFR 1.36(a), an applicant may revoke a power of attorney by filing a new power of attorney that is not directed to the patent practitioner(s) of record.’
To revoke a power of attorney:
- File a new power of attorney form (PTO/AIA/82) with the USPTO.
- The new form should either name new representative(s) or indicate that the applicant wishes to prosecute the application pro se (without an attorney).
- Ensure the form is signed by the applicant or, in the case of a juristic entity, by an authorized official.
- Submit the form through the USPTO’s Electronic Filing System (EFS-Web) or by mail.
It’s important to note that merely filing a new power of attorney automatically revokes the previous one. There’s no need for a separate revocation document unless you want to revoke without appointing a new representative.
For more information on power of attorney, visit: power of attorney.
For more information on pro se, visit: pro se.
For more information on revocation, visit: revocation.
For more information on USPTO, visit: USPTO.
MPEP 402 – Power of Attorney; Naming Representative (2)
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.
Yes, a power of attorney can be revoked in a patent application. The process for revocation is outlined in MPEP 402:
‘The power of attorney may be revoked at any time. Pursuant to 37 CFR 1.36(a), an applicant may revoke a power of attorney by filing a new power of attorney that is not directed to the patent practitioner(s) of record.’
To revoke a power of attorney:
- File a new power of attorney form (PTO/AIA/82) with the USPTO.
- The new form should either name new representative(s) or indicate that the applicant wishes to prosecute the application pro se (without an attorney).
- Ensure the form is signed by the applicant or, in the case of a juristic entity, by an authorized official.
- Submit the form through the USPTO’s Electronic Filing System (EFS-Web) or by mail.
It’s important to note that merely filing a new power of attorney automatically revokes the previous one. There’s no need for a separate revocation document unless you want to revoke without appointing a new representative.
For more information on power of attorney, visit: power of attorney.
For more information on pro se, visit: pro se.
For more information on revocation, visit: revocation.
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 (18)
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:
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.
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:
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:
When revoking a power of attorney in a situation where there is no practitioner of record, special considerations apply. The MPEP 402.05 states:
‘If a power of attorney is revoked, and a new power of attorney is not promptly filed, then pursuant to 37 CFR 1.33(a) the correspondence address will be changed to that of the inventor(s) or assignee(s) who last provided a correspondence address.’
This means:
- The USPTO will change the correspondence address to that of the inventor(s) or assignee(s).
- The last provided correspondence address by the inventor(s) or assignee(s) will be used.
- All future communications from the USPTO will be sent to this address.
- It’s crucial to provide a new power of attorney or update the correspondence address promptly to ensure receipt of important communications.
To learn more:
For applications filed before September 16, 2012, the process for an assignee to revoke a power of attorney is different. According to the MPEP:
In applications filed before September 16, 2012, the assignee of record of the entire interest can revoke the power of attorney of the applicant unless an ‘irrevocable’ right to prosecute the application had been given as in some government owned applications.
The assignee must establish their right to take action as provided in pre-AIA 37 CFR 3.73(b). Once this is done, a power of attorney by the assignee of the entire interest revokes all powers given by the applicant and prior assignees.
Form PTO/SB/80 can be used by an assignee to revoke a power of attorney and appoint a new one. The assignee would sign the power of attorney, and either the assignee or the newly appointed practitioner would sign a statement under pre-AIA 37 CFR 3.73(b).
To learn more:
The requirements for power of attorney in patent applications differ based on the filing date:
- For applications filed on or after September 16, 2012: Refer to MPEP § 402.02(a) for detailed information and relevant forms.
- For applications filed before September 16, 2012: Consult MPEP § 402.02(b) for specific details and applicable forms.
The MPEP 601.02 states: “See MPEP § 402.02(a) for detailed information and relevant forms pertaining to appointment of a power of attorney in applications filed on or after September 16, 2012. See MPEP § 402.02(b) for detailed information and relevant forms pertaining to appointment of a power of attorney in applications filed before September 16, 2012.”
This distinction is important as it affects the specific procedures and forms required for appointing a power of attorney.
To learn more:
There are significant differences in power of attorney requirements for patent applications filed before and after September 16, 2012. Key differences include:
- Signature Requirements: For applications filed on or after September 16, 2012, the power of attorney must be signed by the applicant for patent or the patent owner. For applications filed before September 16, 2012, it must be signed by the applicant for patent or the assignee of the entire interest of the applicant.
- Definition of Applicant: The definition of ‘applicant’ changed with the America Invents Act. For applications filed on or after September 16, 2012, the applicant can be the inventor(s) or a non-inventor applicant (e.g., an assignee).
- Forms: Different forms are used for applications filed before and after September 16, 2012. For example, Form PTO/AIA/80 is used for applications filed on or after September 16, 2012, while Form PTO/SB/80 is used for earlier applications.
It’s crucial to use the correct forms and follow the appropriate rules based on the application’s filing date to ensure the power of attorney is properly executed and recognized by the USPTO.
To learn more:
When a new power of attorney is filed that lists only one of two previously appointed patent practitioners, it has significant implications. According to MPEP 403.02:
“Note that if the later-filed power of attorney only lists the second practitioner, the later-filed power of attorney serves as a revocation of the earlier-filed power of attorney, even without an express revocation of the power of the first patent practitioner.”
This means that filing a new power of attorney listing only one practitioner effectively revokes the authority of the previously appointed practitioner, even if the revocation is not explicitly stated. This is an important consideration for applicants and practitioners when making changes to representation.
To learn more:
In pre-2012 patent applications, filing a new power of attorney can have significant effects on existing powers of attorney. MPEP 402.05(b) outlines several scenarios:
- New power of attorney without explicit revocation: “When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files another power of attorney, giving power of attorney to D without revoking all prior powers of attorney, the subsequently filed power of attorney will be treated as a revocation of the original power of attorney.”
- Assignee filing new power of attorney: “If the applicant signed the original power of attorney, and an assignee of the entire interest of the applicant later takes action and files a new power of attorney, the original power of attorney is revoked and replaced by the power of attorney filed by the assignee.”
- Change in Customer Number: “If a power of attorney is given to the practitioners associated with a Customer Number, and a (second) power of attorney is later received giving power of attorney to patent practitioners associated with a different Customer Number, the second power of attorney will be processed, with the first Customer Number being replaced with the second.”
In all these cases, the most recently filed power of attorney will control, effectively revoking or replacing the previous ones.
To learn more:
Filing a new power of attorney typically revokes all prior powers of attorney. According to MPEP 402.05: When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files another power of attorney, giving power of attorney to D without revoking all prior powers of attorney, the subsequently filed power of attorney will be treated as a revocation of the original power of attorney.
This means that the most recently filed power of attorney will control.
To learn more:
When a new power of attorney is filed, it generally revokes all prior powers of attorney. MPEP 402.05(a) provides several scenarios:
- If a new power of attorney is filed without explicitly revoking prior ones, it will be treated as a revocation of the original power of attorney.
- If an assignee files a new power of attorney, it revokes and replaces the original power of attorney filed by the applicant.
- If a power of attorney is given to practitioners associated with a Customer Number, and a second power of attorney is later received for a different Customer Number, the second one will replace the first.
The MPEP states:
In all of these situations, the most recently filed power of attorney will control.
This means that the latest power of attorney filed will take precedence over any previously filed ones.
To learn more:
Yes, a power of attorney can be revoked in a patent application. The process for revocation is outlined in MPEP 402:
‘The power of attorney may be revoked at any time. Pursuant to 37 CFR 1.36(a), an applicant may revoke a power of attorney by filing a new power of attorney that is not directed to the patent practitioner(s) of record.’
To revoke a power of attorney:
- File a new power of attorney form (PTO/AIA/82) with the USPTO.
- The new form should either name new representative(s) or indicate that the applicant wishes to prosecute the application pro se (without an attorney).
- Ensure the form is signed by the applicant or, in the case of a juristic entity, by an authorized official.
- Submit the form through the USPTO’s Electronic Filing System (EFS-Web) or by mail.
It’s important to note that merely filing a new power of attorney automatically revokes the previous one. There’s no need for a separate revocation document unless you want to revoke without appointing a new representative.
For more information on power of attorney, visit: power of attorney.
For more information on pro se, visit: pro se.
For more information on revocation, visit: revocation.
For more information on USPTO, visit: USPTO.
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.
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Patent Procedure (18)
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.
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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.
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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.
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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.
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.
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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.
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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.
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When revoking a power of attorney in a situation where there is no practitioner of record, special considerations apply. The MPEP 402.05 states:
‘If a power of attorney is revoked, and a new power of attorney is not promptly filed, then pursuant to 37 CFR 1.33(a) the correspondence address will be changed to that of the inventor(s) or assignee(s) who last provided a correspondence address.’
This means:
- The USPTO will change the correspondence address to that of the inventor(s) or assignee(s).
- The last provided correspondence address by the inventor(s) or assignee(s) will be used.
- All future communications from the USPTO will be sent to this address.
- It’s crucial to provide a new power of attorney or update the correspondence address promptly to ensure receipt of important communications.
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For applications filed before September 16, 2012, the process for an assignee to revoke a power of attorney is different. According to the MPEP:
In applications filed before September 16, 2012, the assignee of record of the entire interest can revoke the power of attorney of the applicant unless an ‘irrevocable’ right to prosecute the application had been given as in some government owned applications.
The assignee must establish their right to take action as provided in pre-AIA 37 CFR 3.73(b). Once this is done, a power of attorney by the assignee of the entire interest revokes all powers given by the applicant and prior assignees.
Form PTO/SB/80 can be used by an assignee to revoke a power of attorney and appoint a new one. The assignee would sign the power of attorney, and either the assignee or the newly appointed practitioner would sign a statement under pre-AIA 37 CFR 3.73(b).
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The requirements for power of attorney in patent applications differ based on the filing date:
- For applications filed on or after September 16, 2012: Refer to MPEP § 402.02(a) for detailed information and relevant forms.
- For applications filed before September 16, 2012: Consult MPEP § 402.02(b) for specific details and applicable forms.
The MPEP 601.02 states: “See MPEP § 402.02(a) for detailed information and relevant forms pertaining to appointment of a power of attorney in applications filed on or after September 16, 2012. See MPEP § 402.02(b) for detailed information and relevant forms pertaining to appointment of a power of attorney in applications filed before September 16, 2012.”
This distinction is important as it affects the specific procedures and forms required for appointing a power of attorney.
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There are significant differences in power of attorney requirements for patent applications filed before and after September 16, 2012. Key differences include:
- Signature Requirements: For applications filed on or after September 16, 2012, the power of attorney must be signed by the applicant for patent or the patent owner. For applications filed before September 16, 2012, it must be signed by the applicant for patent or the assignee of the entire interest of the applicant.
- Definition of Applicant: The definition of ‘applicant’ changed with the America Invents Act. For applications filed on or after September 16, 2012, the applicant can be the inventor(s) or a non-inventor applicant (e.g., an assignee).
- Forms: Different forms are used for applications filed before and after September 16, 2012. For example, Form PTO/AIA/80 is used for applications filed on or after September 16, 2012, while Form PTO/SB/80 is used for earlier applications.
It’s crucial to use the correct forms and follow the appropriate rules based on the application’s filing date to ensure the power of attorney is properly executed and recognized by the USPTO.
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When a new power of attorney is filed that lists only one of two previously appointed patent practitioners, it has significant implications. According to MPEP 403.02:
“Note that if the later-filed power of attorney only lists the second practitioner, the later-filed power of attorney serves as a revocation of the earlier-filed power of attorney, even without an express revocation of the power of the first patent practitioner.”
This means that filing a new power of attorney listing only one practitioner effectively revokes the authority of the previously appointed practitioner, even if the revocation is not explicitly stated. This is an important consideration for applicants and practitioners when making changes to representation.
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In pre-2012 patent applications, filing a new power of attorney can have significant effects on existing powers of attorney. MPEP 402.05(b) outlines several scenarios:
- New power of attorney without explicit revocation: “When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files another power of attorney, giving power of attorney to D without revoking all prior powers of attorney, the subsequently filed power of attorney will be treated as a revocation of the original power of attorney.”
- Assignee filing new power of attorney: “If the applicant signed the original power of attorney, and an assignee of the entire interest of the applicant later takes action and files a new power of attorney, the original power of attorney is revoked and replaced by the power of attorney filed by the assignee.”
- Change in Customer Number: “If a power of attorney is given to the practitioners associated with a Customer Number, and a (second) power of attorney is later received giving power of attorney to patent practitioners associated with a different Customer Number, the second power of attorney will be processed, with the first Customer Number being replaced with the second.”
In all these cases, the most recently filed power of attorney will control, effectively revoking or replacing the previous ones.
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Filing a new power of attorney typically revokes all prior powers of attorney. According to MPEP 402.05: When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files another power of attorney, giving power of attorney to D without revoking all prior powers of attorney, the subsequently filed power of attorney will be treated as a revocation of the original power of attorney.
This means that the most recently filed power of attorney will control.
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When a new power of attorney is filed, it generally revokes all prior powers of attorney. MPEP 402.05(a) provides several scenarios:
- If a new power of attorney is filed without explicitly revoking prior ones, it will be treated as a revocation of the original power of attorney.
- If an assignee files a new power of attorney, it revokes and replaces the original power of attorney filed by the applicant.
- If a power of attorney is given to practitioners associated with a Customer Number, and a second power of attorney is later received for a different Customer Number, the second one will replace the first.
The MPEP states:
In all of these situations, the most recently filed power of attorney will control.
This means that the latest power of attorney filed will take precedence over any previously filed ones.
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Yes, a power of attorney can be revoked in a patent application. The process for revocation is outlined in MPEP 402:
‘The power of attorney may be revoked at any time. Pursuant to 37 CFR 1.36(a), an applicant may revoke a power of attorney by filing a new power of attorney that is not directed to the patent practitioner(s) of record.’
To revoke a power of attorney:
- File a new power of attorney form (PTO/AIA/82) with the USPTO.
- The new form should either name new representative(s) or indicate that the applicant wishes to prosecute the application pro se (without an attorney).
- Ensure the form is signed by the applicant or, in the case of a juristic entity, by an authorized official.
- Submit the form through the USPTO’s Electronic Filing System (EFS-Web) or by mail.
It’s important to note that merely filing a new power of attorney automatically revokes the previous one. There’s no need for a separate revocation document unless you want to revoke without appointing a new representative.
For more information on power of attorney, visit: power of attorney.
For more information on pro se, visit: pro se.
For more information on revocation, visit: revocation.
For more information on USPTO, visit: USPTO.
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.
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