Who 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…
Read MoreWhat 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 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 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 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 MoreWhat should applicants do if their patent attorney or agent is suspended?
If an applicant’s patent attorney or agent is suspended, they should take the following steps: File a new power of attorney in the application to have a registered attorney or agent represent them before the Office. Ensure all future papers are signed by authorized parties (see MPEP § 407, Form Paragraph 4.07 for details on…
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