Who can represent a third party requester in an inter partes reexamination?
A third party requester in an inter partes reexamination must be represented by a registered patent practitioner. The MPEP states: “A third party requester may not be represented during a reexamination proceeding by an attorney or other person who is not registered to practice before the Office.” This means that only attorneys or agents who…
Read MoreWhat are the limitations on who can be named as a representative in a power of attorney for inter partes reexamination?
There are specific limitations on who can be named as a representative in a power of attorney for inter partes reexamination. The MPEP 2613 refers to 37 CFR 1.32(c), which states: “A power of attorney may only name as representative the inventors or registered patent practitioners.” This means that only the following individuals can be…
Read MoreIs a power of attorney required to file an inter partes reexamination request?
While a power of attorney is desirable, it is not strictly required to file an inter partes reexamination request. The MPEP 2613 states: “While the filing of the power of attorney is desirable, processing of the reexamination request will not be delayed due to its absence.” However, it’s important to note that an attorney or…
Read MoreHow is correspondence handled for a third party requester in inter partes reexamination?
Correspondence for a third party requester in inter partes reexamination is typically addressed to the representative of the requester. According to MPEP 2613: “All correspondence for a third party requester is addressed to the representative of the requester, unless a specific indication is made to forward correspondence to another address.” This means that the USPTO…
Read MoreWhat are the requirements for an attorney or agent filing an inter partes reexamination request?
When an attorney or agent files an inter partes reexamination request on behalf of a client (the third party requester), they must meet certain requirements. According to MPEP 2613: “Where an attorney or agent files a request for an inter partes reexamination for an identified client (the third party requester), he or she may act…
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