How can an attorney or agent become ‘of record’ for a patent application?
To become an attorney or agent ‘of record’ for a patent application, one must follow these steps: File a power of attorney from the applicant or assignee. File an oath or declaration referring to the attorney or agent. Include the attorney or agent’s registration number on the patent application transmittal letter. The MPEP 402 states:…
Read MoreCan an applicant sign an amendment if they have an attorney of record?
Yes, an applicant other than a juristic entity can sign an amendment even if they have an attorney of record. The Manual of Patent Examining Procedure (MPEP) states: If an amendment signed by the applicant, other than a juristic entity, is received in an application in which there is a duly appointed attorney or agent,…
Read MoreWhat happens if an attorney not of record signs an amendment?
If an amendment is signed by an attorney or agent not of record, the following actions will be taken: The amendment will be entered in the application file. The amendment will be considered by the examiner. The examiner will notify the applicant that the attorney or agent is not of record. According to MPEP 714.01(c):…
Read MoreHow does the USPTO handle amendments signed by applicants when there’s an attorney of record?
When an applicant signs an amendment in a patent application with an attorney of record, the USPTO follows a specific procedure: The amendment is entered and acted upon. Two copies of the action are prepared. One copy is sent to the attorney of record. The other copy is sent directly to the applicant. The MPEP…
Read MoreCan a registered patent attorney sign an amendment without being of record?
Yes, a registered patent attorney can sign an amendment without being of record, but there are important considerations: The amendment will be entered and considered by the examiner. The attorney will be notified that they are not of record. Future communications may be restricted without proper documentation. The MPEP 714.01(c) clarifies: If an amendment is…
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