Is a power of attorney required to file an inter partes reexamination request?
While a power of attorney is desirable, it is not strictly required to file an inter partes reexamination request. The MPEP 2613 states: “While the filing of the power of attorney is desirable, processing of the reexamination request will not be delayed due to its absence.” However, it’s important to note that an attorney or…
Read MoreHow does the duty to disclose apply in reexamination proceedings?
The duty to disclose in reexamination proceedings is similar to that in patent applications, but applies to a slightly different group of individuals. According to the MPEP, for reexamination proceedings, the duty applies to: “the patent owner, each attorney or agent who represents the patent owner, and every other individual who is substantively involved on…
Read MoreHow can an attorney or agent act on behalf of a patent owner in supplemental examination?
An attorney or agent can act on behalf of a patent owner in supplemental examination in two ways: Under a power of attorney: According to MPEP 2804, “In order to act under a power of attorney from a patent owner, an attorney or agent must be provided with a power of attorney by the patent…
Read MoreWho can pay the issue fee for a patent application?
The issue fee for a patent application can be paid by several parties associated with the application. According to MPEP 1306: “The fee(s) due will be accepted from the applicant, assignee, or a registered attorney or agent, either of record or under 37 CFR 1.34.” This means that the following parties can pay the issue…
Read MoreCan a registered attorney or agent sign and file an international patent application for the applicant?
Yes, a registered attorney or agent can sign and file an international patent application on behalf of the applicant. However, there are some considerations: The attorney or agent must be registered with the appropriate authority. A separate power of attorney may be required from each applicant. The attorney or agent can sign the international application…
Read MoreCan an attorney or agent formally abandon my patent application?
Yes, an attorney or agent of record can formally abandon your patent application. MPEP 203.05 states that an application can be abandoned: “through formal abandonment by the applicant or by the attorney or agent of record” This means that your authorized representative has the power to formally abandon your application. However, they should only do…
Read MoreCan a power of attorney be granted to a foreign patent attorney or agent?
Can a power of attorney be granted to a foreign patent attorney or agent? In general, a power of attorney in U.S. patent applications can only be granted to practitioners who are registered to practice before the USPTO. According to MPEP 402.02: “The Office cannot recognize more than one power of attorney in an application…
Read MoreCan a non-attorney represent an applicant before the USPTO?
Can a non-attorney represent an applicant before the USPTO? Yes, a non-attorney can represent an applicant before the USPTO under certain circumstances. According to MPEP 402.04, there are specific provisions for non-attorney representation: Patent agents: Registered patent agents who are not attorneys can represent applicants in patent matters before the USPTO. Limited recognition: Individuals granted…
Read MoreHow can a registered patent attorney or agent withdraw from representation?
A registered patent attorney or agent who has been given a power of attorney can withdraw as attorney or agent of record by following these steps: File an application for withdrawal with the USPTO Director Obtain approval from the Director Provide notice to the client As stated in 37 CFR 1.36(b): A registered patent attorney…
Read MoreHow does the USPTO define ‘suspended or excluded practitioner’?
The USPTO refers to ‘suspended or excluded practitioners’ in MPEP 105 as “an attorney or agent who has been suspended or excluded from practice by the USPTO.” This typically refers to patent attorneys or agents who have faced disciplinary action and are temporarily or permanently barred from practicing before the USPTO. These individuals are subject…
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