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 (2)
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.’
Canadian patent agents must meet specific requirements to practice before the USPTO under limited recognition:
- They must be registered and in good standing as a patent agent under Canadian law.
- They must apply for limited recognition to the USPTO Director.
- They can only represent Canadian citizens or residents before the USPTO.
- Their representation is limited to the presentation and prosecution of patent applications of Canadian applicants.
As stated in MPEP 402.01: Canadian patent agents are not required to pass the regular patent bar examination to represent Canadian applicants. They need not seek formal recognition to practice before the Office.
To learn more:
MPEP 407 - Suspended or Excluded Patent Practitioner (1)
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.’
Patent Law (2)
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.’
Canadian patent agents must meet specific requirements to practice before the USPTO under limited recognition:
- They must be registered and in good standing as a patent agent under Canadian law.
- They must apply for limited recognition to the USPTO Director.
- They can only represent Canadian citizens or residents before the USPTO.
- Their representation is limited to the presentation and prosecution of patent applications of Canadian applicants.
As stated in MPEP 402.01: Canadian patent agents are not required to pass the regular patent bar examination to represent Canadian applicants. They need not seek formal recognition to practice before the Office.
To learn more:
Patent Procedure (2)
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.’
Canadian patent agents must meet specific requirements to practice before the USPTO under limited recognition:
- They must be registered and in good standing as a patent agent under Canadian law.
- They must apply for limited recognition to the USPTO Director.
- They can only represent Canadian citizens or residents before the USPTO.
- Their representation is limited to the presentation and prosecution of patent applications of Canadian applicants.
As stated in MPEP 402.01: Canadian patent agents are not required to pass the regular patent bar examination to represent Canadian applicants. They need not seek formal recognition to practice before the Office.
To learn more: