Patent Law FAQ

A person acting in a representative capacity under 37 CFR 1.34 may execute a power to inspect an application only if:

• The patent practitioner was named in the application transmittal papers filed under 37 CFR 1.53 or the national stage documents filed under 37 CFR 1.495, and
• A power of attorney has not been appointed under 37 CFR 1.32.

Once a power of attorney has been filed, any previously filed power to inspect signed by a patent practitioner who does not have a power of attorney will cease to have effect.

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.

What are the requirements for a registered practitioner to obtain access to an application?

According to MPEP 405, a registered practitioner may obtain access to an application if they fulfill the following requirements:

• The practitioner must be acting in a representative capacity
• The practitioner must have proper authority from the applicant or attorney or agent of record
• Written consent from the applicant, attorney, or agent of record must be provided

The MPEP states: ‘Access will be given to the entire application file history in the absence of a specific request from the authorizing party for only a portion of the file.’ This means that unless specified otherwise, the practitioner will be granted full access to the application file.

For more information on application access, visit: application access.

For more information on registered practitioner, visit: registered practitioner.

For more information on USPTO procedures, visit: USPTO procedures.

The USPTO provides several ways to find a registered patent attorney or agent, as mentioned in MPEP 401:

1. Visit the USPTO website: www.uspto.gov/FindPatentAttorney for a searchable listing of registered practitioners.
2. Write to the Office of Enrollment and Discipline (OED) to request a list of registered patent practitioners in your area:
   

   Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450

These resources can help you locate a qualified patent professional to assist with your patent application.

The USPTO provides several ways to find a registered patent attorney or agent, as mentioned in MPEP 401:

1. Visit the USPTO website: www.uspto.gov/FindPatentAttorney for a searchable listing of registered practitioners.
2. Write to the Office of Enrollment and Discipline (OED) to request a list of registered patent practitioners in your area:
   

   Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450

These resources can help you locate a qualified patent professional to assist with your patent application.

What are the requirements for a registered practitioner to obtain access to an application?

According to MPEP 405, a registered practitioner may obtain access to an application if they fulfill the following requirements:

• The practitioner must be acting in a representative capacity
• The practitioner must have proper authority from the applicant or attorney or agent of record
• Written consent from the applicant, attorney, or agent of record must be provided

The MPEP states: ‘Access will be given to the entire application file history in the absence of a specific request from the authorizing party for only a portion of the file.’ This means that unless specified otherwise, the practitioner will be granted full access to the application file.

For more information on application access, visit: application access.

For more information on registered practitioner, visit: registered practitioner.

For more information on USPTO procedures, visit: USPTO procedures.

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.

No, an officer of an assignee corporation is not authorized to sign a certification of micro entity status. According to MPEP 509.04(c):

“If any applicant is an assignee or other party under 37 CFR 1.46, and the assignee or other party is a corporation or organization rather than a person, a registered practitioner must sign the certification of micro entity status. An officer of the assignee corporation, for example, is not authorized to sign a certification of micro entity status.”

This means that for corporate assignees, only a registered patent practitioner can sign the micro entity certification.

To learn more:

• assignee corporation
• micro entity certification
• registered practitioner

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.

What are the requirements for a registered practitioner to obtain access to an application?

According to MPEP 405, a registered practitioner may obtain access to an application if they fulfill the following requirements:

• The practitioner must be acting in a representative capacity
• The practitioner must have proper authority from the applicant or attorney or agent of record
• Written consent from the applicant, attorney, or agent of record must be provided

The MPEP states: ‘Access will be given to the entire application file history in the absence of a specific request from the authorizing party for only a portion of the file.’ This means that unless specified otherwise, the practitioner will be granted full access to the application file.

For more information on application access, visit: application access.

For more information on registered practitioner, visit: registered practitioner.

For more information on USPTO procedures, visit: USPTO procedures.

The USPTO provides several ways to find a registered patent attorney or agent, as mentioned in MPEP 401:

1. Visit the USPTO website: www.uspto.gov/FindPatentAttorney for a searchable listing of registered practitioners.
2. Write to the Office of Enrollment and Discipline (OED) to request a list of registered patent practitioners in your area:
   

   Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450

These resources can help you locate a qualified patent professional to assist with your patent application.

A person acting in a representative capacity under 37 CFR 1.34 may execute a power to inspect an application only if:

• The patent practitioner was named in the application transmittal papers filed under 37 CFR 1.53 or the national stage documents filed under 37 CFR 1.495, and
• A power of attorney has not been appointed under 37 CFR 1.32.

Once a power of attorney has been filed, any previously filed power to inspect signed by a patent practitioner who does not have a power of attorney will cease to have effect.

No, an officer of an assignee corporation is not authorized to sign a certification of micro entity status. According to MPEP 509.04(c):

“If any applicant is an assignee or other party under 37 CFR 1.46, and the assignee or other party is a corporation or organization rather than a person, a registered practitioner must sign the certification of micro entity status. An officer of the assignee corporation, for example, is not authorized to sign a certification of micro entity status.”

This means that for corporate assignees, only a registered patent practitioner can sign the micro entity certification.

To learn more:

• assignee corporation
• micro entity certification
• registered practitioner

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.

What are the requirements for a registered practitioner to obtain access to an application?

According to MPEP 405, a registered practitioner may obtain access to an application if they fulfill the following requirements:

• The practitioner must be acting in a representative capacity
• The practitioner must have proper authority from the applicant or attorney or agent of record
• Written consent from the applicant, attorney, or agent of record must be provided

The MPEP states: ‘Access will be given to the entire application file history in the absence of a specific request from the authorizing party for only a portion of the file.’ This means that unless specified otherwise, the practitioner will be granted full access to the application file.

For more information on application access, visit: application access.

For more information on registered practitioner, visit: registered practitioner.

For more information on USPTO procedures, visit: USPTO procedures.

The USPTO provides several ways to find a registered patent attorney or agent, as mentioned in MPEP 401:

1. Visit the USPTO website: www.uspto.gov/FindPatentAttorney for a searchable listing of registered practitioners.
2. Write to the Office of Enrollment and Discipline (OED) to request a list of registered patent practitioners in your area:
   

   Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450

These resources can help you locate a qualified patent professional to assist with your patent application.

No, an officer of an assignee corporation is not authorized to sign a certification of micro entity status. According to MPEP 509.04(c):

“If any applicant is an assignee or other party under 37 CFR 1.46, and the assignee or other party is a corporation or organization rather than a person, a registered practitioner must sign the certification of micro entity status. An officer of the assignee corporation, for example, is not authorized to sign a certification of micro entity status.”

This means that for corporate assignees, only a registered patent practitioner can sign the micro entity certification.

To learn more:

• assignee corporation
• micro entity certification
• registered practitioner