What is the legal basis for an attorney or agent to sign amendments without a power of attorney?
The legal basis for an attorney or agent to sign amendments without a power of attorney is provided in 37 CFR 1.34. This regulation allows registered practitioners to act in a representative capacity without necessarily having a power of attorney. The MPEP § 714.01(c) clarifies this point: A registered attorney or agent acting in a…
Read MoreWhat 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…
Read MoreCan 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…
Read MoreCan a third party conduct an interview using 37 CFR 1.34?
No, a third party or its representative cannot use the provisions of 37 CFR 1.34 to conduct an interview or take other actions not specifically permitted by the rules of practice. MPEP 405 states: The use of the provisions of 37 CFR 1.34 by a third party or its representative to conduct an interview, or…
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