Can a power of attorney be revoked after the patent grant?
Yes, a power of attorney can be revoked after the patent grant. The process for revoking a power of attorney post-grant is similar to pre-grant revocation: The patent owner must file a revocation with the USPTO A new power of attorney should be filed if a new attorney is appointed The revocation should include the…
Read MoreWho can represent a patent owner in a supplemental examination proceeding?
Only registered patent practitioners can represent a patent owner in a supplemental examination proceeding. The MPEP 2804 states: “A patent owner may not be represented during a supplemental examination proceeding or any resulting ex parte reexamination proceeding by an attorney or other person who is not registered to practice before the Office.” This means that…
Read MoreWho can represent an applicant in an international design application?
An applicant in an international design application can be represented in two main ways: Before the International Bureau: The applicant can appoint a representative in accordance with Rule 3 of the Hague Agreement. As stated in the MPEP, Rule 3 does not provide for any requirement as to professional qualification, nationality, or domicile regarding who…
Read MoreHow can an attorney withdraw from representing a patent applicant?
An attorney can withdraw from representing a patent applicant by following these steps: File a request to withdraw as attorney of record with the USPTO Provide reasons for the withdrawal Sign the request Include the application number and applicant name Provide the correspondence address According to MPEP 2560, “When an attorney has been appointed, the…
Read MoreHow can an attorney withdraw from representation in a patent case?
An attorney can withdraw from representation in a patent case by following these steps: File a request to withdraw in accordance with 37 CFR 1.36. The request should include the correspondence address of the applicant or patent owner. If the applicant/owner is represented by a new attorney, include the new attorney’s registration number. The Office…
Read MoreWhat post-employment restrictions apply to former USPTO employees?
Former USPTO employees are subject to certain post-employment restrictions regarding patent matters. According to MPEP 1702, which cites 37 CFR 11.10(b), former employees must sign a written undertaking agreeing to: Not knowingly act as an agent or attorney for any person before the USPTO in connection with any patent or patent application in which the…
Read MoreWhat is a “general power of attorney” in international patent applications?
A “general power of attorney” in international patent applications is a document that appoints an agent to represent the applicant in relation to any international application that may be filed by that applicant. This is explained in MPEP 1807, which cites PCT Rule 90.5: “Appointment of an agent in relation to a particular international application…
Read MoreHow does the appointment of an agent or common representative affect earlier appointments?
The appointment of an agent, attorney, or common representative in an international patent application can have an impact on earlier appointments. According to MPEP 1807, which cites 37 CFR 1.455(a): “The appointment of an attorney or agent, or of a common representative, revokes any earlier appointment unless otherwise indicated“ This means that when a new…
Read MoreHow can an associate power of attorney be given in applications filed before September 16, 2012?
How can an associate power of attorney be given in applications filed before September 16, 2012? For applications filed before September 16, 2012, an associate power of attorney can be given by a principal attorney or agent to one or more associate attorneys or agents. According to MPEP 402.02(b): “For applications filed before September 16,…
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…
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