Can patent practitioners rely on information from reserved MPEP sections?
Patent practitioners should not rely on information from reserved MPEP sections, as these sections do not contain any official guidance or information. A reserved section, such as MPEP 404, is essentially a placeholder and does not provide any substantive content. Practitioners should instead: Refer to active, non-reserved sections of the MPEP Consult the most recent…
Read MoreWhat does MPEP 404 – [Reserved] mean?
MPEP 404 is currently marked as ‘[Reserved]’, which means this section is not currently in use but is being held for potential future content or updates. The USPTO may use this section in future revisions of the Manual of Patent Examining Procedure to add new information or guidance related to the representation of applicants or…
Read MoreHow can a patent practitioner withdraw from representing a client in a patent application?
A registered patent attorney or agent who has been given a power of attorney may withdraw as attorney or agent of record by submitting a request to the USPTO. The process involves: Filing a request for withdrawal with the USPTO Obtaining approval from the Director of the USPTO Notifying the applicant or patent owner of…
Read MoreCan a patent practitioner appoint a substitute before their death?
No, a patent practitioner cannot appoint a substitute whose power would survive their own death. The MPEP 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 by…
Read MoreCan a patent practitioner not of record conduct an interview?
Yes, a registered patent practitioner who is not of record can conduct an interview if they have proper authorization from the applicant. According to MPEP 405: Interviews may be conducted with a registered practitioner who has proper authority from the applicant, or an attorney or agent of record in the form of a power of…
Read MoreCan a registered patent practitioner file papers without being of record?
Yes, registered patent practitioners can file papers in patent applications and reexamination proceedings without being of record. MPEP 405 states: Papers may be filed in patent applications and reexamination proceedings by registered attorneys or agents not of record under 37 CFR 1.34. Filing of such papers is considered to be a representation that the attorney…
Read MoreWhat happens to a patent practitioner’s power of attorney when they die?
When a patent practitioner dies, their power of attorney is automatically revoked or terminated. According to the MPEP, The power of attorney of a patent practitioner will be revoked or terminated by his or her death. (MPEP 406)
Read MoreWhat forms can be used to authorize a patent practitioner for an interview?
There are two main forms that can be used to authorize a patent practitioner for an interview: Applicant Initiated Interview Request Form (PTOL-413A) Form/PTO/SB/84, ‘Authorization to Act in a Representative Capacity’ According to MPEP 405: Registered practitioners, when acting in a representative capacity, can show authorization to conduct an interview by completing, signing and filing…
Read MoreWho can an examiner contact for interviews regarding a patent application?
According to the MPEP, an examiner can contact the patent practitioner of record in the application for interviews. The MPEP states: When the examiner believes the progress of the application would be advanced by an interview, the examiner may contact the patent practitioner of record in the application (in accordance with MPEP § 713) and…
Read MoreWhen can a patent examiner suggest hiring a patent practitioner?
A patent examiner may suggest hiring a patent practitioner under specific circumstances, as outlined in MPEP 401: “If patentable subject matter appears to be disclosed in a pro se application and it is apparent that the applicant is unfamiliar with the proper preparation and prosecution of patent applications, the examiner may suggest to the applicant…
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