What does ‘acting in a representative capacity’ mean in the context of patent applications?

‘Acting in a representative capacity’ refers to a registered attorney or agent performing certain actions on behalf of a patent applicant without necessarily having a formal power of attorney. This concept is outlined in 37 CFR 1.34 and discussed in MPEP § 714.01(c): A registered attorney or agent acting in a representative capacity under 37…

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Can 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…

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