What is the Customer Number practice in patent applications?
The Customer Number practice allows applicants to: Designate the correspondence address of a patent application or patent Designate the fee address of a patent Submit a list of practitioners who have power of attorney Using a Customer Number allows applicants to easily change the correspondence address, fee address, or list of practitioners for multiple applications…
Read MoreHow is double correspondence handled in patent applications?
The USPTO generally does not engage in double correspondence with applicants and their representatives. Specifically: The Office will not correspond with both an applicant and their attorney/agent. The Office will not correspond with more than one attorney/agent. If double correspondence is attempted, the examiner will include form paragraph 4.01 in the next Office action. According…
Read MoreHow is correspondence handled when two patent practitioners are appointed for the same application?
When two patent practitioners are appointed for the same application: If appointed simultaneously, the applicant should specify which address to use for correspondence. If a second practitioner is added later, correspondence will be sent to the most recently provided correspondence address. A new power of attorney appointing only the second practitioner effectively revokes the power…
Read MoreWhat happens if a patent application is filed without a correspondence address?
If a patent application is filed without a correspondence address: The USPTO needs a correspondence address to notify the applicant of any missing parts or requirements. If no address is provided, the Office may use the mailing address of the first named inventor as the correspondence address. Without a correspondence address, the applicant is considered…
Read MoreCan a foreign patent agent with limited recognition represent applicants in all USPTO matters?
Can a foreign patent agent with limited recognition represent applicants in all USPTO matters? No, a foreign patent agent with limited recognition cannot represent applicants in all USPTO matters. The MPEP clearly states that A foreign patent agent granted limited recognition may not represent applicants or parties in trademark matters, ex parte or inter partes…
Read MoreWhat happens if a foreign patent agent’s limited recognition expires?
What happens if a foreign patent agent’s limited recognition expires? If a foreign patent agent’s limited recognition expires, they are no longer authorized to represent applicants before the USPTO. The MPEP states, A foreign patent agent granted limited recognition may continue to represent applicants for the remainder of any time period previously set by the…
Read MoreCan a power of attorney be granted to a foreign patent attorney or agent?
Can a power of attorney be granted to a foreign patent attorney or agent? In general, a power of attorney in U.S. patent applications can only be granted to practitioners who are registered to practice before the USPTO. According to MPEP 402.02: “The Office cannot recognize more than one power of attorney in an application…
Read MoreWhat is Form PTO/AIA/82 and how is it used for appointing a power of attorney?
Form PTO/AIA/82 is a USPTO form used by the applicant for patent to appoint one or more patent practitioners as power of attorney. This form consists of three parts: Part A (PTO/AIA/82A): A transmittal page used to identify the application to which the power of attorney is directed. It must be signed by a proper…
Read MoreWhat is considered a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants?
What is considered a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants? The USPTO does not provide a specific definition of what constitutes a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants. According to MPEP 402.10: A power of attorney may…
Read MoreHow are papers filed by a previously non-signing inventor handled in a pre-AIA 37 CFR 1.47 application?
In a pre-AIA 37 CFR 1.47 application, papers filed by an inventor who did not initially join the application are handled as follows: “Papers filed by an inventor who did not originally join in the application, and papers relating to its pre-AIA 37 CFR 1.47 status, will be placed in the file wrapper.” This means…
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