Patent Law FAQ

When an attorney is suspended, the signing authority for papers in a patent application depends on the filing date:

For applications filed before September 16, 2012:

• All named applicants
• Assignee of record of an undivided part interest, along with named applicants retaining an interest
• Assignee of the entire interest
• A registered patent attorney or agent not of record acting under 37 CFR 1.34

For applications filed on or after September 16, 2012:

• A patent practitioner of record
• A patent practitioner not of record acting under 37 CFR 1.34
• The applicant (except for juristic entity applicants, which require a patent practitioner)

This information is provided in Form Paragraph 4.07 of MPEP § 407.

If an applicant’s patent attorney or agent is suspended, they should take the following steps:

1. File a new power of attorney in the application to have a registered attorney or agent represent them before the Office.
2. Ensure all future papers are signed by authorized parties (see MPEP § 407, Form Paragraph 4.07 for details on who can sign).
3. If necessary, find a new registered patent attorney or agent using USPTO resources.
4. Update the correspondence address for the application if it was previously associated with the suspended practitioner.

It’s important to act promptly to ensure continued proper representation and communication with the USPTO.

When an attorney or agent is suspended, the USPTO does not communicate with them. Instead:

• For sole practitioners: The Office action is mailed to the address of the first named applicant in the application.
• For multiple practitioners: The Office action is mailed to the first named unsuspended registered practitioner of record and to the first named applicant.

This is outlined in Form Paragraphs 4.07 and 4.08 of MPEP § 407.

When an attorney is suspended, the signing authority for papers in a patent application depends on the filing date:

For applications filed before September 16, 2012:

• All named applicants
• Assignee of record of an undivided part interest, along with named applicants retaining an interest
• Assignee of the entire interest
• A registered patent attorney or agent not of record acting under 37 CFR 1.34

For applications filed on or after September 16, 2012:

• A patent practitioner of record
• A patent practitioner not of record acting under 37 CFR 1.34
• The applicant (except for juristic entity applicants, which require a patent practitioner)

This information is provided in Form Paragraph 4.07 of MPEP § 407.

If an applicant’s patent attorney or agent is suspended, they should take the following steps:

1. File a new power of attorney in the application to have a registered attorney or agent represent them before the Office.
2. Ensure all future papers are signed by authorized parties (see MPEP § 407, Form Paragraph 4.07 for details on who can sign).
3. If necessary, find a new registered patent attorney or agent using USPTO resources.
4. Update the correspondence address for the application if it was previously associated with the suspended practitioner.

It’s important to act promptly to ensure continued proper representation and communication with the USPTO.

When an attorney or agent is suspended, the USPTO does not communicate with them. Instead:

• For sole practitioners: The Office action is mailed to the address of the first named applicant in the application.
• For multiple practitioners: The Office action is mailed to the first named unsuspended registered practitioner of record and to the first named applicant.

This is outlined in Form Paragraphs 4.07 and 4.08 of MPEP § 407.

When an attorney is suspended, the signing authority for papers in a patent application depends on the filing date:

For applications filed before September 16, 2012:

• All named applicants
• Assignee of record of an undivided part interest, along with named applicants retaining an interest
• Assignee of the entire interest
• A registered patent attorney or agent not of record acting under 37 CFR 1.34

For applications filed on or after September 16, 2012:

• A patent practitioner of record
• A patent practitioner not of record acting under 37 CFR 1.34
• The applicant (except for juristic entity applicants, which require a patent practitioner)

This information is provided in Form Paragraph 4.07 of MPEP § 407.

If an applicant’s patent attorney or agent is suspended, they should take the following steps:

1. File a new power of attorney in the application to have a registered attorney or agent represent them before the Office.
2. Ensure all future papers are signed by authorized parties (see MPEP § 407, Form Paragraph 4.07 for details on who can sign).
3. If necessary, find a new registered patent attorney or agent using USPTO resources.
4. Update the correspondence address for the application if it was previously associated with the suspended practitioner.

It’s important to act promptly to ensure continued proper representation and communication with the USPTO.

When an attorney or agent is suspended, the USPTO does not communicate with them. Instead:

• For sole practitioners: The Office action is mailed to the address of the first named applicant in the application.
• For multiple practitioners: The Office action is mailed to the first named unsuspended registered practitioner of record and to the first named applicant.

This is outlined in Form Paragraphs 4.07 and 4.08 of MPEP § 407.

When an attorney is suspended, the signing authority for papers in a patent application depends on the filing date:

For applications filed before September 16, 2012:

• All named applicants
• Assignee of record of an undivided part interest, along with named applicants retaining an interest
• Assignee of the entire interest
• A registered patent attorney or agent not of record acting under 37 CFR 1.34

For applications filed on or after September 16, 2012:

• A patent practitioner of record
• A patent practitioner not of record acting under 37 CFR 1.34
• The applicant (except for juristic entity applicants, which require a patent practitioner)

This information is provided in Form Paragraph 4.07 of MPEP § 407.

If an applicant’s patent attorney or agent is suspended, they should take the following steps:

1. File a new power of attorney in the application to have a registered attorney or agent represent them before the Office.
2. Ensure all future papers are signed by authorized parties (see MPEP § 407, Form Paragraph 4.07 for details on who can sign).
3. If necessary, find a new registered patent attorney or agent using USPTO resources.
4. Update the correspondence address for the application if it was previously associated with the suspended practitioner.

It’s important to act promptly to ensure continued proper representation and communication with the USPTO.

When an attorney or agent is suspended, the USPTO does not communicate with them. Instead:

• For sole practitioners: The Office action is mailed to the address of the first named applicant in the application.
• For multiple practitioners: The Office action is mailed to the first named unsuspended registered practitioner of record and to the first named applicant.

This is outlined in Form Paragraphs 4.07 and 4.08 of MPEP § 407.