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 105 - Suspended or Excluded Practitioner Cannot Inspect (5)
If a suspended practitioner is given power to inspect a patent application, the USPTO will not accept it. MPEP 105 clearly states: “Power to inspect given to such an attorney or agent will not be accepted.” This means that even if an applicant or inventor attempts to grant inspection rights to a suspended practitioner, the USPTO will reject this authorization and prevent the suspended practitioner from accessing the application materials.
To learn more:
No, a suspended or excluded practitioner cannot inspect patent applications. According to MPEP 105, “Power to inspect given to such an attorney or agent will not be accepted.” This means that the USPTO will not allow suspended or excluded practitioners to access or review patent applications, even if they are given permission by the applicant.
To learn more:
No, a patent attorney or agent who has been suspended or excluded from practice by the USPTO cannot inspect patent applications, unless they are an inventor or applicant on that particular 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 unless it is one in which said attorney or agent is an inventor or the applicant. Power to inspect given to such an attorney or agent will not be accepted.
This policy prevents suspended or excluded practitioners from accessing confidential application information they are no longer authorized to view.
Generally, no. MPEP 105 states: “U.S. Patent and Trademark Office (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.” This prohibition applies to all forms of communication about patent applications with suspended or excluded practitioners.
To learn more:
Yes, there is one exception to the communication ban. According to MPEP 105, USPTO employees may communicate with a suspended or excluded practitioner “unless it is one in which said attorney or agent is an inventor or the applicant.” This means that if the suspended or excluded practitioner is listed as an inventor or is the applicant on a patent application, USPTO employees are allowed to communicate with them regarding that specific application.
To learn more:
MPEP 400 - Representative of Applicant or Owner (3)
While both suspended and excluded patent practitioners are prohibited from practicing before the USPTO, there are differences in the nature and duration of the prohibition:
- Suspended practitioner: Temporarily prohibited from practicing before the USPTO for a specific period.
- Excluded practitioner: Permanently prohibited from practicing before the USPTO, unless later reinstated.
The MPEP § 407 uses both terms, indicating that the Office treats them similarly in terms of communication and representation: ‘The Office does not communicate with attorneys or agents who have been suspended or excluded from practice.’
A power of attorney given to a suspended or disbarred patent practitioner becomes ineffective. The MPEP states: ‘Any power of attorney given to a practitioner who has been suspended or disbarred by the Office is ineffective, and does not authorize the person to practice before the Office or to represent applicants or patentees in patent matters.’ (MPEP § 407)
When an applicant’s patent attorney or agent is suspended, they can find a new registered patent attorney or agent by:
- Consulting the USPTO website at https://oedci.uspto.gov/OEDCI/
- Calling the Office of Enrollment and Discipline at (571) 272-4097
This information is provided in Form Paragraph 4.07 of MPEP § 407.
MPEP 407 - Suspended or Excluded Patent Practitioner (3)
While both suspended and excluded patent practitioners are prohibited from practicing before the USPTO, there are differences in the nature and duration of the prohibition:
- Suspended practitioner: Temporarily prohibited from practicing before the USPTO for a specific period.
- Excluded practitioner: Permanently prohibited from practicing before the USPTO, unless later reinstated.
The MPEP § 407 uses both terms, indicating that the Office treats them similarly in terms of communication and representation: ‘The Office does not communicate with attorneys or agents who have been suspended or excluded from practice.’
A power of attorney given to a suspended or disbarred patent practitioner becomes ineffective. The MPEP states: ‘Any power of attorney given to a practitioner who has been suspended or disbarred by the Office is ineffective, and does not authorize the person to practice before the Office or to represent applicants or patentees in patent matters.’ (MPEP § 407)
When an applicant’s patent attorney or agent is suspended, they can find a new registered patent attorney or agent by:
- Consulting the USPTO website at https://oedci.uspto.gov/OEDCI/
- Calling the Office of Enrollment and Discipline at (571) 272-4097
This information is provided in Form Paragraph 4.07 of MPEP § 407.
Patent Law (8)
While both suspended and excluded patent practitioners are prohibited from practicing before the USPTO, there are differences in the nature and duration of the prohibition:
- Suspended practitioner: Temporarily prohibited from practicing before the USPTO for a specific period.
- Excluded practitioner: Permanently prohibited from practicing before the USPTO, unless later reinstated.
The MPEP § 407 uses both terms, indicating that the Office treats them similarly in terms of communication and representation: ‘The Office does not communicate with attorneys or agents who have been suspended or excluded from practice.’
A power of attorney given to a suspended or disbarred patent practitioner becomes ineffective. The MPEP states: ‘Any power of attorney given to a practitioner who has been suspended or disbarred by the Office is ineffective, and does not authorize the person to practice before the Office or to represent applicants or patentees in patent matters.’ (MPEP § 407)
If a suspended practitioner is given power to inspect a patent application, the USPTO will not accept it. MPEP 105 clearly states: “Power to inspect given to such an attorney or agent will not be accepted.” This means that even if an applicant or inventor attempts to grant inspection rights to a suspended practitioner, the USPTO will reject this authorization and prevent the suspended practitioner from accessing the application materials.
To learn more:
When an applicant’s patent attorney or agent is suspended, they can find a new registered patent attorney or agent by:
- Consulting the USPTO website at https://oedci.uspto.gov/OEDCI/
- Calling the Office of Enrollment and Discipline at (571) 272-4097
This information is provided in Form Paragraph 4.07 of MPEP § 407.
No, a suspended or excluded practitioner cannot inspect patent applications. According to MPEP 105, “Power to inspect given to such an attorney or agent will not be accepted.” This means that the USPTO will not allow suspended or excluded practitioners to access or review patent applications, even if they are given permission by the applicant.
To learn more:
No, a patent attorney or agent who has been suspended or excluded from practice by the USPTO cannot inspect patent applications, unless they are an inventor or applicant on that particular 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 unless it is one in which said attorney or agent is an inventor or the applicant. Power to inspect given to such an attorney or agent will not be accepted.
This policy prevents suspended or excluded practitioners from accessing confidential application information they are no longer authorized to view.
Generally, no. MPEP 105 states: “U.S. Patent and Trademark Office (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.” This prohibition applies to all forms of communication about patent applications with suspended or excluded practitioners.
To learn more:
Yes, there is one exception to the communication ban. According to MPEP 105, USPTO employees may communicate with a suspended or excluded practitioner “unless it is one in which said attorney or agent is an inventor or the applicant.” This means that if the suspended or excluded practitioner is listed as an inventor or is the applicant on a patent application, USPTO employees are allowed to communicate with them regarding that specific application.
To learn more:
Patent Procedure (7)
While both suspended and excluded patent practitioners are prohibited from practicing before the USPTO, there are differences in the nature and duration of the prohibition:
- Suspended practitioner: Temporarily prohibited from practicing before the USPTO for a specific period.
- Excluded practitioner: Permanently prohibited from practicing before the USPTO, unless later reinstated.
The MPEP § 407 uses both terms, indicating that the Office treats them similarly in terms of communication and representation: ‘The Office does not communicate with attorneys or agents who have been suspended or excluded from practice.’
A power of attorney given to a suspended or disbarred patent practitioner becomes ineffective. The MPEP states: ‘Any power of attorney given to a practitioner who has been suspended or disbarred by the Office is ineffective, and does not authorize the person to practice before the Office or to represent applicants or patentees in patent matters.’ (MPEP § 407)
If a suspended practitioner is given power to inspect a patent application, the USPTO will not accept it. MPEP 105 clearly states: “Power to inspect given to such an attorney or agent will not be accepted.” This means that even if an applicant or inventor attempts to grant inspection rights to a suspended practitioner, the USPTO will reject this authorization and prevent the suspended practitioner from accessing the application materials.
To learn more:
When an applicant’s patent attorney or agent is suspended, they can find a new registered patent attorney or agent by:
- Consulting the USPTO website at https://oedci.uspto.gov/OEDCI/
- Calling the Office of Enrollment and Discipline at (571) 272-4097
This information is provided in Form Paragraph 4.07 of MPEP § 407.
No, a suspended or excluded practitioner cannot inspect patent applications. According to MPEP 105, “Power to inspect given to such an attorney or agent will not be accepted.” This means that the USPTO will not allow suspended or excluded practitioners to access or review patent applications, even if they are given permission by the applicant.
To learn more:
Generally, no. MPEP 105 states: “U.S. Patent and Trademark Office (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.” This prohibition applies to all forms of communication about patent applications with suspended or excluded practitioners.
To learn more:
Yes, there is one exception to the communication ban. According to MPEP 105, USPTO employees may communicate with a suspended or excluded practitioner “unless it is one in which said attorney or agent is an inventor or the applicant.” This means that if the suspended or excluded practitioner is listed as an inventor or is the applicant on a patent application, USPTO employees are allowed to communicate with them regarding that specific application.
To learn more: