What happens when one of multiple practitioners of record is suspended?
When one of multiple practitioners of record is suspended, the USPTO continues to communicate with the remaining unsuspended practitioners. MPEP § 407 provides guidance for this situation: “This form paragraph should be used when there is at least one registered practitioner still of record who has not been suspended or excluded from practice.” The Office…
Read MoreHow does the USPTO handle powers of attorney granted to suspended or excluded practitioners?
The USPTO takes specific actions regarding powers of attorney granted to suspended or excluded practitioners. According to MPEP 407: The Office of Enrollment and Discipline (OED) Director will contact the Director of the Technology Center (TC) managing the application when a practitioner has been suspended or excluded from practice. The OED Director will request that…
Read MoreWhat happens to pending patent applications when a practitioner is suspended or excluded?
What happens to pending patent applications when a practitioner is suspended or excluded? When a patent practitioner is suspended or excluded, the Office of Enrollment and Discipline (OED) Director must review all pending patent applications to determine if immediate action is necessary. According to MPEP 407: “The OED Director will review all pending applications, in…
Read MoreHow does the USPTO notify applicants of their practitioner’s suspension or exclusion?
How does the USPTO notify applicants of their practitioner’s suspension or exclusion? The USPTO has a specific process for notifying applicants when their patent practitioner has been suspended or excluded. The MPEP 407 outlines this process: “The OED Director will… notify the applicant of the suspension or exclusion and of the limited recognition of the…
Read MoreWhat limited recognition is granted to suspended or excluded practitioners?
What limited recognition is granted to suspended or excluded practitioners? Suspended or excluded practitioners are granted limited recognition to handle specific tasks related to pending applications. According to MPEP 407: “The suspended or excluded practitioner will be granted limited recognition for a period of thirty (30) days, during which time the practitioner may conclude work…
Read MoreWhat actions can a suspended or excluded practitioner take during the 30-day limited recognition period?
What actions can a suspended or excluded practitioner take during the 30-day limited recognition period? During the 30-day limited recognition period, suspended or excluded practitioners are allowed to perform specific actions to protect their clients’ interests. According to MPEP 407: “During the 30-day period of limited recognition, the suspended or excluded practitioner may conclude work…
Read MoreHow does the USPTO encourage interviews to expedite patent prosecution?
The USPTO actively encourages the use of interviews to expedite patent prosecution. According to MPEP § 408, The Office encourages the use of interviews to expedite prosecution. When an examiner believes an interview would advance the application’s progress, they may contact the patent practitioner of record to suggest a telephonic, personal, or video conference interview.…
Read MoreWhat is the proper procedure for initiating an interview with a patent examiner?
To initiate an interview with a patent examiner, applicants should follow a specific procedure outlined in MPEP § 408: Submit an ‘Applicant Initiated Interview Request’ form (PTOL-413A) to the examiner prior to the interview. The form should identify the participants of the interview. Propose a date for the interview. Specify whether the interview will be…
Read MoreAre there restrictions on contacting patent practitioners not of record?
Yes, there are significant restrictions on contacting patent practitioners who are not of record for a patent application. According to MPEP § 408, Registered attorneys or agents not of record in a patent application (i.e., there is no power of attorney present in the file that appoints the patent practitioner(s)) and acting in a representative…
Read MoreCan a patent applicant attend an interview with the USPTO without their practitioner?
Can a patent applicant attend an interview with the USPTO without their practitioner? While it is generally recommended that a patent practitioner represents the applicant during USPTO interviews, there are circumstances where an applicant may attend without their practitioner. MPEP 408 states: ‘A registered practitioner, not of record, may accompany a registered practitioner of record…
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