How can applicants find a new patent attorney or agent when their current one is suspended?
When an applicant’s patent attorney or agent is suspended, they can find a new registered patent attorney or agent by: Consulting the USPTO website at https://oedci.uspto.gov/OEDCI/ Calling the Office of Enrollment and Discipline at (571) 272-4097 This information is provided in Form Paragraph 4.07 of MPEP § 407.
Read MoreWhat is the difference between a suspended and an excluded patent practitioner?
While both suspended and excluded patent practitioners are prohibited from practicing before the USPTO, there are differences in the nature and duration of the prohibition: Suspended practitioner: Temporarily prohibited from practicing before the USPTO for a specific period. Excluded practitioner: Permanently prohibited from practicing before the USPTO, unless later reinstated. The MPEP § 407 uses…
Read MoreWho can sign papers in a patent application when the attorney is suspended?
When an attorney is suspended, the signing authority for papers in a patent application depends on the filing date: For applications filed before September 16, 2012: All named applicants Assignee of record of an undivided part interest, along with named applicants retaining an interest Assignee of the entire interest A registered patent attorney or agent…
Read MoreWhat happens to a power of attorney given to a suspended or disbarred patent practitioner?
A power of attorney given to a suspended or disbarred patent practitioner becomes ineffective. The MPEP states: ‘Any power of attorney given to a practitioner who has been suspended or disbarred by the Office is ineffective, and does not authorize the person to practice before the Office or to represent applicants or patentees in patent…
Read MoreHow does the USPTO communicate when an attorney or agent is suspended?
When an attorney or agent is suspended, the USPTO does not communicate with them. Instead: For sole practitioners: The Office action is mailed to the address of the first named applicant in the application. For multiple practitioners: The Office action is mailed to the first named unsuspended registered practitioner of record and to the first…
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