Who can sign a petition for delayed payment of maintenance fees?
The signature requirements for a petition for delayed payment of maintenance fees depend on when the application was filed, as outlined in MPEP 2590: For applications filed on or after September 16, 2012: According to 37 CFR 1.33(b), the petition must be signed by: A patent practitioner of record A patent practitioner not of record…
Read MoreWho can represent a third party requester in an inter partes reexamination?
A third party requester in an inter partes reexamination must be represented by a registered patent practitioner. The MPEP states: “A third party requester may not be represented during a reexamination proceeding by an attorney or other person who is not registered to practice before the Office.” This means that only attorneys or agents who…
Read MoreWho can represent a requester in an ex parte reexamination?
A requester in an ex parte reexamination can be represented by an attorney or agent who must be a registered patent practitioner. According to MPEP 2213, “an attorney or agent representing a requester must be a registered patent practitioner.” The representative can act under either: A power of attorney from the client (requester) In a…
Read MoreWhat are the limitations on who can be named as a representative in a power of attorney for inter partes reexamination?
There are specific limitations on who can be named as a representative in a power of attorney for inter partes reexamination. The MPEP 2613 refers to 37 CFR 1.32(c), which states: “A power of attorney may only name as representative the inventors or registered patent practitioners.” This means that only the following individuals can be…
Read MoreIs a power of attorney required for ex parte reexamination requests?
While a power of attorney is desirable, it is not strictly required for filing an ex parte reexamination request. According to MPEP 2213: “While the filing of the power of attorney is desirable, processing of the reexamination request will not be delayed due to its absence.” However, if an attorney or agent is acting under…
Read MoreCan a registered patent practitioner withdraw from multiple applications simultaneously?
Yes, a registered patent practitioner can withdraw from multiple applications simultaneously. The process is as follows: File a single request listing all affected application and patent numbers. Include the correspondence address for each application or patent. If applicable, provide new attorney registration numbers for each case. According to MPEP 2560: “A request for withdrawal from…
Read MoreWho can sign a submission requesting a change of correspondence address in a supplemental examination?
A submission requesting a change of correspondence address in a supplemental examination can be signed by: All of the patent owners (see MPEP § 2803) The registered attorney or agent of record in the file of the patent under supplemental examination Additionally, for applications filed on or after September 12, 2012, the MPEP states: “If…
Read MoreHow can I request limited recognition to practice before the USPTO?
To request limited recognition to practice before the USPTO, you need to submit a petition to the Director of the Office of Enrollment and Discipline (OED). This process is governed by 37 CFR 11.9, as mentioned in MPEP 1002.02(m). Limited recognition is typically granted to individuals who are not fully registered patent practitioners but need…
Read MoreWhat is the process for petitioning for reinstatement as a patent practitioner?
Petitioning for reinstatement as a patent practitioner is a process handled by the Director of the Office of Enrollment and Discipline (OED) at the USPTO. According to MPEP 1002.02(m), this process is governed by 37 CFR 11.60. The reinstatement process typically involves the following steps: Submit a petition for reinstatement to the OED Director Provide…
Read MoreWhat types of petitions are decided by the Director of the Office of Enrollment and Discipline?
The Director of the Office of Enrollment and Discipline decides on several types of petitions related to patent practitioner enrollment and disciplinary matters. According to MPEP 1002.02(m), these include: Petitions regarding enrollment or recognition under 37 CFR 11.2(c) Requests for limited recognition under 37 CFR 11.9 Petitions for reinstatement under 37 CFR 11.60 Petitions to…
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