How 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 MoreHow can a patent practitioner withdraw from representing a client in a patent application?
A registered patent attorney or agent who has been given a power of attorney may withdraw as attorney or agent of record by submitting a request to the USPTO. The process involves: Filing a request for withdrawal with the USPTO Obtaining approval from the Director of the USPTO Notifying the applicant or patent owner of…
Read MoreHow is double correspondence handled in patent applications?
The USPTO generally does not engage in double correspondence with applicants and their representatives. Specifically: The Office will not correspond with both an applicant and their attorney/agent. The Office will not correspond with more than one attorney/agent. If double correspondence is attempted, the examiner will include form paragraph 4.01 in the next Office action. According…
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