Can a patent practitioner appoint a substitute to take over after their death?
No, a patent practitioner cannot appoint a substitute to take over their cases after death. The MPEP 406 clearly states: “The patent practitioner may not appoint a ‘substitute’ and any attempt by the patent practitioner to appoint a ‘substitute’ patent practitioner whose power is intended to survive his or her own will not be recognized…
Read MoreWhat special notation does the USPTO include in Office actions after a practitioner’s death?
When issuing Office actions after being notified of a patent practitioner’s death, the USPTO includes a special notation. The MPEP 406 instructs examiners to add form paragraph 4.03, which states: “Notice of the death of the attorney or agent of record has come to the attention of this Office. Since the power of attorney is…
Read MoreWhat actions should a law firm take when a patent practitioner dies?
When a patent practitioner dies, the law firm should take the following actions: Promptly notify the USPTO’s Office of Enrollment and Discipline (OED) of the practitioner’s death. Inform clients with pending applications about the situation and the need to appoint a new representative. Assist clients in filing new powers of attorney or authorizations of agent…
Read MoreHow does the USPTO notify client-applicants of a patent practitioner’s death?
According to MPEP 406, the USPTO follows a specific procedure to notify client-applicants: ‘The Office of Enrollment and Discipline will notify the client-applicant of the availability of a list of patent practitioners who may be available to represent the client-applicant.’ This notification ensures that the client-applicant is aware of the situation and has resources to…
Read MoreWhat happens to pending patent applications when a patent practitioner dies?
When a patent practitioner dies, the MPEP 406 outlines the following procedure: The Office will notify the applicant of the death of the practitioner. The applicant must appoint a new registered patent practitioner or file a change of correspondence address. This must be done within the time period set in the notice, which is usually…
Read MoreWhat resources does the USPTO provide to client-applicants when their patent practitioner dies?
The USPTO, through its Office of Enrollment and Discipline, provides valuable resources to client-applicants when their patent practitioner dies. The MPEP 406 states: ‘The Office of Enrollment and Discipline will notify the client-applicant of the availability of a list of patent practitioners who may be available to represent the client-applicant.’ This list serves as a…
Read MoreHow long do applicants have to respond after being notified of a patent practitioner’s death?
According to MPEP 406, when the USPTO notifies an applicant of their patent practitioner’s death, the applicant is given a specific timeframe to respond. The MPEP states: “The period for reply to such a notice is normally set at 3 months.” During this 3-month period, the applicant must take one of the following actions: Appoint…
Read MoreWho can sign papers in a patent application when there’s no attorney of record?
When there’s no attorney of record, the signatories for patent application papers depend on the filing date and the applicant type. For applications filed before September 16, 2012, MPEP § 407 states: “All papers filed in the application must be signed: (1) by all named applicants unless one named applicant has been given a power…
Read MoreHow can applicants find a new registered patent attorney or agent?
Applicants can find a new registered patent attorney or agent through resources provided by the USPTO. According to MPEP § 407: “Applicants may obtain a list of registered patent attorneys and agents located in their area by consulting the USPTO website, https://oedci.uspto.gov/OEDCI/, or by calling the Office of Enrollment and Discipline at (571) 272-4097.” These…
Read MoreCan a suspended or excluded practitioner continue to receive USPTO correspondence?
No, a suspended or excluded practitioner is not permitted to receive correspondence from the USPTO regarding patent applications. According to MPEP 407: A suspended or excluded practitioner is not entitled to receive correspondence from the Office, or have interviews with examiners, in applications or patents. The USPTO takes the following steps to ensure compliance: Correspondence…
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