Who can represent a requester in an ex parte reexamination?
A requester in an ex parte reexamination can be represented by an attorney or agent who must be a registered patent practitioner. According to MPEP 2213, “an attorney or agent representing a requester must be a registered patent practitioner.” The representative can act under either: A power of attorney from the client (requester) In a…
Read MoreWhat information must an attorney or agent provide to act in a representative capacity?
To act in a representative capacity under 37 CFR 1.34 during an ex parte reexamination, an attorney or agent must provide specific information. According to MPEP 2213: “In order to act in a representative capacity under 37 CFR 1.34, an attorney or agent must set forth his or her registration number, his or her name,…
Read MoreIs a power of attorney required for ex parte reexamination requests?
While a power of attorney is desirable, it is not strictly required for filing an ex parte reexamination request. According to MPEP 2213: “While the filing of the power of attorney is desirable, processing of the reexamination request will not be delayed due to its absence.” However, if an attorney or agent is acting under…
Read MoreCan a patent owner be represented by a non-registered practitioner in reexamination?
No, a patent owner cannot be represented by a person who is not registered to practice before the United States Patent and Trademark Office (USPTO) during a reexamination proceeding. MPEP 2213 clearly states: “A patent owner may not be represented during a reexamination proceeding by any person who is not registered to practice before the…
Read MoreHow is correspondence handled for a requester in ex parte reexamination?
Correspondence handling for a requester in ex parte reexamination depends on whether the requester is the patent owner or not. According to MPEP 2213: For a requester that is not the patent owner: “All correspondence for a requester that is not the patent owner is addressed to the representative of the requester, unless a specific…
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