What happens if an attorney dies or becomes legally incapacitated during patent proceedings?
If an attorney dies or becomes legally incapacitated during patent proceedings, the following occurs: The power of attorney is automatically terminated The Office may require proof of incapacity The applicant must appoint a new attorney or act pro se MPEP 2560 states, “The power of attorney of a deceased attorney is terminated when the Office…
Read MoreWhat is a substitute statement and when can it be used instead of an oath or declaration?
What is a substitute statement and when can it be used instead of an oath or declaration? A substitute statement is a document that can be filed in place of an oath or declaration under certain circumstances. According to MPEP 602: “When an inventor is deceased, legally incapacitated, cannot be found or reached after diligent…
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