Patent Law FAQ

In most cases, no. USPTO employees are prohibited from communicating, either orally or in writing, with a suspended or excluded patent attorney or agent regarding a patent application. The MPEP states:

USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application…

The only exception is if the suspended or excluded practitioner is the inventor or applicant on that specific application. Otherwise, USPTO staff cannot discuss an application with a practitioner who has been suspended or excluded from practice before the USPTO.

Yes, there is one exception. A suspended or excluded patent attorney or agent can inspect an application if they are the inventor or applicant of that particular application. The MPEP clarifies:

USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application unless it is one in which said attorney or agent is an inventor or the applicant.

So while suspended or excluded practitioners generally cannot inspect applications, they can still access ones in which they are directly involved as the inventor or applicant.

When two patent practitioners are appointed for the same application:

• If appointed simultaneously, the applicant should specify which address to use for correspondence.
• If a second practitioner is added later, correspondence will be sent to the most recently provided correspondence address.
• A new power of attorney appointing only the second practitioner effectively revokes the power of the first practitioner.

According to MPEP 403.02: “If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address. … If, after one patent practitioner is appointed, a second patent practitioner is later added by submission of a new power of attorney appointing both practitioners, correspondence will be mailed to the latest correspondence address of record. … 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.”

When two patent practitioners are appointed for the same application:

• If appointed simultaneously, the applicant should specify which address to use for correspondence.
• If a second practitioner is added later, correspondence will be sent to the most recently provided correspondence address.
• A new power of attorney appointing only the second practitioner effectively revokes the power of the first practitioner.

According to MPEP 403.02: “If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address. … If, after one patent practitioner is appointed, a second patent practitioner is later added by submission of a new power of attorney appointing both practitioners, correspondence will be mailed to the latest correspondence address of record. … 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.”

When two patent practitioners are appointed for the same application:

• If appointed simultaneously, the applicant should specify which address to use for correspondence.
• If a second practitioner is added later, correspondence will be sent to the most recently provided correspondence address.
• A new power of attorney appointing only the second practitioner effectively revokes the power of the first practitioner.

According to MPEP 403.02: “If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address. … If, after one patent practitioner is appointed, a second patent practitioner is later added by submission of a new power of attorney appointing both practitioners, correspondence will be mailed to the latest correspondence address of record. … 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.”

In most cases, no. USPTO employees are prohibited from communicating, either orally or in writing, with a suspended or excluded patent attorney or agent regarding a patent application. The MPEP states:

USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application…

The only exception is if the suspended or excluded practitioner is the inventor or applicant on that specific application. Otherwise, USPTO staff cannot discuss an application with a practitioner who has been suspended or excluded from practice before the USPTO.

Yes, there is one exception. A suspended or excluded patent attorney or agent can inspect an application if they are the inventor or applicant of that particular application. The MPEP clarifies:

USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application unless it is one in which said attorney or agent is an inventor or the applicant.

So while suspended or excluded practitioners generally cannot inspect applications, they can still access ones in which they are directly involved as the inventor or applicant.

When two patent practitioners are appointed for the same application:

• If appointed simultaneously, the applicant should specify which address to use for correspondence.
• If a second practitioner is added later, correspondence will be sent to the most recently provided correspondence address.
• A new power of attorney appointing only the second practitioner effectively revokes the power of the first practitioner.

According to MPEP 403.02: “If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address. … If, after one patent practitioner is appointed, a second patent practitioner is later added by submission of a new power of attorney appointing both practitioners, correspondence will be mailed to the latest correspondence address of record. … 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.”