Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 400 - Representative of Applicant or Owner (4)
What are the restrictions on registered practitioners not of record during USPTO interviews?
Registered practitioners who are not of record for a specific patent application face certain restrictions when attending USPTO interviews. According to MPEP 408:
‘The registered practitioner not of record may not participate in the interview of the application except as authorized by the patent applicant.’
This means that while a practitioner not of record may accompany the practitioner of record to an interview, their participation is limited. They cannot actively engage in the discussion or negotiation process without explicit authorization from the patent applicant. This restriction is in place to ensure that the applicant’s interests are properly represented by their chosen practitioner of record and to maintain the integrity of the interview process.
For more information on patent examination, visit: patent examination.
For more information on practitioner of record, visit: practitioner of record.
For more information on registered practitioner, visit: registered practitioner.
When handling interview requests from multiple attorneys or agents, examiners should follow these guidelines:
- Generally, only one interview is granted per application.
- If multiple practitioners request interviews, coordinate with the practitioner of record.
- Additional interviews may be granted at the examiner’s discretion.
The MPEP 408 states: ‘An interview should normally be conducted with the attorney or agent of record in an application.’ It further advises: ‘If more than one attorney or agent request an interview in an application, it is the responsibility of the attorney or agent of record to resolve any conflict.’
For more information on patent examination, visit: patent examination.
For more information on practitioner of record, visit: practitioner of record.
How can a practitioner become of record in a patent application filed on or after September 16, 2012?
A practitioner can become of record in a patent application filed on or after September 16, 2012, through the following methods:
- Filing an Application Data Sheet (ADS) that names the practitioner as the representative
- Filing a power of attorney (POA) signed by the applicant
- Filing a patent application transmittal letter signed by the applicant and naming the practitioner as a representative
- Being named as the representative in the oath or declaration
As stated in MPEP 403.01(a): ‘A power of attorney or authorization of agent may be given to a customer number in applications filed on or after September 16, 2012.’ This allows for easier management of multiple practitioners associated with a single customer number.
To learn more:
No, non-registered representatives should not be contacted for patent application actions, even if they appear to be authorized by the attorney or agent of record. The MPEP clearly states:
In addition, non-registered representatives of the practitioner of record should not be contacted for such actions, even if apparently authorized by the attorney or agent of record.
This restriction helps maintain the integrity of the patent application process and ensures that only qualified, registered practitioners are involved in critical communications.
MPEP 408 - Interviews With Patent Practitioner of Record (3)
What are the restrictions on registered practitioners not of record during USPTO interviews?
Registered practitioners who are not of record for a specific patent application face certain restrictions when attending USPTO interviews. According to MPEP 408:
‘The registered practitioner not of record may not participate in the interview of the application except as authorized by the patent applicant.’
This means that while a practitioner not of record may accompany the practitioner of record to an interview, their participation is limited. They cannot actively engage in the discussion or negotiation process without explicit authorization from the patent applicant. This restriction is in place to ensure that the applicant’s interests are properly represented by their chosen practitioner of record and to maintain the integrity of the interview process.
For more information on patent examination, visit: patent examination.
For more information on practitioner of record, visit: practitioner of record.
For more information on registered practitioner, visit: registered practitioner.
When handling interview requests from multiple attorneys or agents, examiners should follow these guidelines:
- Generally, only one interview is granted per application.
- If multiple practitioners request interviews, coordinate with the practitioner of record.
- Additional interviews may be granted at the examiner’s discretion.
The MPEP 408 states: ‘An interview should normally be conducted with the attorney or agent of record in an application.’ It further advises: ‘If more than one attorney or agent request an interview in an application, it is the responsibility of the attorney or agent of record to resolve any conflict.’
For more information on patent examination, visit: patent examination.
For more information on practitioner of record, visit: practitioner of record.
No, non-registered representatives should not be contacted for patent application actions, even if they appear to be authorized by the attorney or agent of record. The MPEP clearly states:
In addition, non-registered representatives of the practitioner of record should not be contacted for such actions, even if apparently authorized by the attorney or agent of record.
This restriction helps maintain the integrity of the patent application process and ensures that only qualified, registered practitioners are involved in critical communications.
Patent Law (4)
What are the restrictions on registered practitioners not of record during USPTO interviews?
Registered practitioners who are not of record for a specific patent application face certain restrictions when attending USPTO interviews. According to MPEP 408:
‘The registered practitioner not of record may not participate in the interview of the application except as authorized by the patent applicant.’
This means that while a practitioner not of record may accompany the practitioner of record to an interview, their participation is limited. They cannot actively engage in the discussion or negotiation process without explicit authorization from the patent applicant. This restriction is in place to ensure that the applicant’s interests are properly represented by their chosen practitioner of record and to maintain the integrity of the interview process.
For more information on patent examination, visit: patent examination.
For more information on practitioner of record, visit: practitioner of record.
For more information on registered practitioner, visit: registered practitioner.
When handling interview requests from multiple attorneys or agents, examiners should follow these guidelines:
- Generally, only one interview is granted per application.
- If multiple practitioners request interviews, coordinate with the practitioner of record.
- Additional interviews may be granted at the examiner’s discretion.
The MPEP 408 states: ‘An interview should normally be conducted with the attorney or agent of record in an application.’ It further advises: ‘If more than one attorney or agent request an interview in an application, it is the responsibility of the attorney or agent of record to resolve any conflict.’
For more information on patent examination, visit: patent examination.
For more information on practitioner of record, visit: practitioner of record.
How can a practitioner become of record in a patent application filed on or after September 16, 2012?
A practitioner can become of record in a patent application filed on or after September 16, 2012, through the following methods:
- Filing an Application Data Sheet (ADS) that names the practitioner as the representative
- Filing a power of attorney (POA) signed by the applicant
- Filing a patent application transmittal letter signed by the applicant and naming the practitioner as a representative
- Being named as the representative in the oath or declaration
As stated in MPEP 403.01(a): ‘A power of attorney or authorization of agent may be given to a customer number in applications filed on or after September 16, 2012.’ This allows for easier management of multiple practitioners associated with a single customer number.
To learn more:
No, non-registered representatives should not be contacted for patent application actions, even if they appear to be authorized by the attorney or agent of record. The MPEP clearly states:
In addition, non-registered representatives of the practitioner of record should not be contacted for such actions, even if apparently authorized by the attorney or agent of record.
This restriction helps maintain the integrity of the patent application process and ensures that only qualified, registered practitioners are involved in critical communications.
Patent Procedure (4)
What are the restrictions on registered practitioners not of record during USPTO interviews?
Registered practitioners who are not of record for a specific patent application face certain restrictions when attending USPTO interviews. According to MPEP 408:
‘The registered practitioner not of record may not participate in the interview of the application except as authorized by the patent applicant.’
This means that while a practitioner not of record may accompany the practitioner of record to an interview, their participation is limited. They cannot actively engage in the discussion or negotiation process without explicit authorization from the patent applicant. This restriction is in place to ensure that the applicant’s interests are properly represented by their chosen practitioner of record and to maintain the integrity of the interview process.
For more information on patent examination, visit: patent examination.
For more information on practitioner of record, visit: practitioner of record.
For more information on registered practitioner, visit: registered practitioner.
When handling interview requests from multiple attorneys or agents, examiners should follow these guidelines:
- Generally, only one interview is granted per application.
- If multiple practitioners request interviews, coordinate with the practitioner of record.
- Additional interviews may be granted at the examiner’s discretion.
The MPEP 408 states: ‘An interview should normally be conducted with the attorney or agent of record in an application.’ It further advises: ‘If more than one attorney or agent request an interview in an application, it is the responsibility of the attorney or agent of record to resolve any conflict.’
For more information on patent examination, visit: patent examination.
For more information on practitioner of record, visit: practitioner of record.
How can a practitioner become of record in a patent application filed on or after September 16, 2012?
A practitioner can become of record in a patent application filed on or after September 16, 2012, through the following methods:
- Filing an Application Data Sheet (ADS) that names the practitioner as the representative
- Filing a power of attorney (POA) signed by the applicant
- Filing a patent application transmittal letter signed by the applicant and naming the practitioner as a representative
- Being named as the representative in the oath or declaration
As stated in MPEP 403.01(a): ‘A power of attorney or authorization of agent may be given to a customer number in applications filed on or after September 16, 2012.’ This allows for easier management of multiple practitioners associated with a single customer number.
To learn more:
No, non-registered representatives should not be contacted for patent application actions, even if they appear to be authorized by the attorney or agent of record. The MPEP clearly states:
In addition, non-registered representatives of the practitioner of record should not be contacted for such actions, even if apparently authorized by the attorney or agent of record.
This restriction helps maintain the integrity of the patent application process and ensures that only qualified, registered practitioners are involved in critical communications.