How does acting in a representative capacity differ for applications filed before and after September 16, 2012?
The rules for acting in a representative capacity differ slightly for applications filed before and after September 16, 2012. According to MPEP 402.04: For applications filed on or after September 16, 2012: A patent practitioner acting in a representative capacity must submit papers on behalf of all parties identified as the applicant. They cannot represent…
Read MoreCan a patent practitioner represent only some of the applicants in a joint application?
No, a patent practitioner acting in a representative capacity cannot represent only some of the applicants in a joint application. According to MPEP 402.04, when a patent practitioner files a paper in an application filed on or after September 16, 2012, they must be submitting the paper on behalf of all parties identified as the…
Read MoreCan a patent practitioner appointed in the Application Data Sheet (ADS) withdraw from representation?
Can a patent practitioner appointed in the Application Data Sheet (ADS) withdraw from representation? Yes, a patent practitioner appointed in the Application Data Sheet (ADS) can withdraw from representation, but there are specific procedures to follow: The practitioner must submit a request to withdraw. The request must comply with 37 CFR 1.36. The USPTO must…
Read MoreWhat are the requirements for a patent practitioner to withdraw from representation?
What are the requirements for a patent practitioner to withdraw from representation? A patent practitioner who wishes to withdraw from representation must follow specific procedures. According to MPEP 403.01(a): A registered patent practitioner acting in a representative capacity in an application filed on or after September 16, 2012, may not withdraw from representation in that…
Read MoreCan a petition under 37 CFR 1.47(a) be filed for multiple unavailable inventors?
Yes, a petition under 37 CFR 1.47(a) can be filed for multiple unavailable inventors. The MPEP 409.03(b) states: ‘Where there are joint inventors, each nonsigning inventor must be petitioned for separately, even if more than one nonsigning inventor is unavailable.’ This means that while a single petition can cover multiple unavailable inventors, the petition must…
Read MoreWhat happens to the power of attorney when an inventor is added to a pre-AIA patent application?
When an inventor is added to a pre-AIA patent application through a 37 CFR 1.48 request, it can affect the existing power of attorney. According to MPEP 402.05(b): If the power of attorney was granted by the originally named inventive entity and an added inventor pursuant to § 1.48 does not provide a power of…
Read MoreCan a power of attorney be appointed or revoked by less than all applicants or owners?
Generally, papers giving or revoking a power of attorney in an application require signatures from all applicants or owners. However, there are exceptions: For revocation: A petition under 37 CFR 1.36(a) with a fee and showing of sufficient cause is required. For appointment: A petition under 37 CFR 1.183 with a fee, demonstrating an extraordinary…
Read MoreWhat happens to the power of attorney when an inventor dies?
The death of an inventor (or one of the joint inventors) typically terminates the power of attorney given by the deceased inventor in an application filed before September 16, 2012, unless the power of attorney is coupled with an interest (e.g., the patent practitioner is an assignee or part-assignee). As stated in MPEP 409.01(b): “Unless…
Read MoreWhat happens to a power of attorney when the named principal or assignee dies?
The death of a named principal or assignee can have significant implications for an existing power of attorney in a patent application. According to MPEP 402.05: The death of the principal may terminate the power of attorney given by him or her depending on the circumstances. This means that the power of attorney may automatically…
Read MoreWhat happens to a power of attorney during an interference or derivation proceeding?
During an interference or derivation proceeding, any changes to the power of attorney must be forwarded to a specific board for review. As stated in MPEP 402.05: While an application is involved in an interference or derivation proceeding, any power of attorney or revocation of power of attorney should be forwarded to the Patent Trial…
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