What is the role of attorneys or agents in disclosing information to the USPTO?
Attorneys and agents play a crucial role in disclosing information to the United States Patent and Trademark Office (USPTO) during the patent application process. According to MPEP 2002.01: “37 CFR 1.56(d) makes clear that information may be disclosed to the Office through an attorney or agent of record … and that other individuals may satisfy…
Read MoreWho is subject to the duty of disclosure in international design applications?
According to MPEP 2920.05(f), the individuals subject to the duty of disclosure in international design applications designating the United States are defined in 37 CFR 1.56(c) as: Each inventor named in the application Each attorney or agent who prepares or prosecutes the application Every other person who is substantively involved in the preparation or prosecution…
Read MoreWho is permitted to represent others before the USPTO in patent matters?
The USPTO has specific rules about who can represent others in patent matters. According to MPEP 1702, which cites 37 CFR 11.10(a): “Only practitioners registered under § 11.6; individuals given limited recognition under § 11.9(a) or (b) or § 11.16; or individuals admitted pro hac vice as provided in § 41.5(a) or 42.10(c) of this…
Read MoreWhat advice does the USPTO give to pro se design patent applicants?
The USPTO provides specific advice to pro se design patent applicants to help them navigate the patent process. According to MPEP 1504: “With respect to pro se design applications, the examiner should notify applicant in the first Office action that it may be desirable for applicant to employ the services of a registered patent attorney…
Read MoreHow are patent attorneys or agents listed on the issued patent?
Patent attorneys or agents can be listed on the issued patent through the Fee(s) Transmittal form (PTOL-85B). According to MPEP 1309: “The Fee(s) Transmittal form (PTOL-85B) provides a space (item 2) for the person submitting the base issue fee to indicate, for printing, (1) the names of up to three registered patent attorneys or agents…
Read MoreHow does the USPTO handle correspondence for applications with multiple attorneys or agents?
How does the USPTO handle correspondence for applications with multiple attorneys or agents? When an application has multiple attorneys or agents of record, the USPTO follows specific guidelines for correspondence: The USPTO will direct all correspondence to the first named attorney or agent of record, unless otherwise specified. If a customer number is provided, correspondence…
Read MoreCan a suspended or excluded patent attorney or agent inspect patent applications?
No, a patent attorney or agent who has been suspended or excluded from practice by the USPTO cannot inspect patent applications, unless they are an inventor or applicant on that particular application. The MPEP states: USPTO employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended…
Read MoreCan the foreign priority application be filed by an assignee, legal representative or agent of the inventor?
Yes, the foreign application may have been filed by and in the name of the assignee or legal representative or agent of the inventor, as applicant. If the certified copy of the foreign application corresponds with the one identified in the U.S. application and no discrepancies appear, it may be assumed the U.S. application is…
Read MoreHow can I find a registered patent attorney or agent?
The USPTO provides several ways to find a registered patent attorney or agent, as mentioned in MPEP 401: Visit the USPTO website: www.uspto.gov/FindPatentAttorney for a searchable listing of registered practitioners. Write to the Office of Enrollment and Discipline (OED) to request a list of registered patent practitioners in your area: Mail Stop OED, Director of…
Read MoreHow can applicants find a new patent attorney or agent when their current one is suspended?
When an applicant’s patent attorney or agent is suspended, they can find a new registered patent attorney or agent by: Consulting the USPTO website at https://oedci.uspto.gov/OEDCI/ Calling the Office of Enrollment and Discipline at (571) 272-4097 This information is provided in Form Paragraph 4.07 of MPEP § 407.
Read More