How 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…
Read MoreCan an attorney withdraw from patent representation without client consent?
Can an attorney withdraw from patent representation without client consent? While it’s generally preferable to obtain client consent, an attorney can withdraw from patent representation without client consent under certain circumstances. However, they must still follow proper procedures and notify the USPTO. The MPEP 402.06 states: “The requirements for withdrawal of an attorney or agent…
Read MoreWho can represent applicants in international patent applications?
According to MPEP 402.09, applicants in international patent applications can be represented by: Attorneys or agents registered to practice before the USPTO An applicant appointed as a common representative An attorney or agent with the right to practice before the national office where the international application is filed (for specific authorities) As stated in 37…
Read MoreWhat is the difference between a power of attorney and an authorization to act in a representative capacity?
What is the difference between a power of attorney and an authorization to act in a representative capacity? The main differences between a power of attorney and an authorization to act in a representative capacity are: Power of Attorney: Grants the ability to conduct all business before the USPTO on behalf of the applicant or…
Read MoreHow can an attorney or agent withdraw from representing a client in a patent matter?
An attorney or agent who has been given power of attorney can withdraw by submitting a request to the USPTO. According to MPEP 402.06: nn “A registered patent attorney or patent agent who has been given a power of attorney pursuant to § 1.32(b) may withdraw as attorney or agent of record upon application to…
Read MoreWhat happens to a power of attorney given to a suspended or disbarred patent practitioner?
A power of attorney given to a suspended or disbarred patent practitioner becomes ineffective. The MPEP states: ‘Any power of attorney given to a practitioner who has been suspended or disbarred by the Office is ineffective, and does not authorize the person to practice before the Office or to represent applicants or patentees in patent…
Read MoreWhat are the requirements for a power of attorney in applications filed before September 16, 2012?
What are the requirements for a power of attorney in applications filed before September 16, 2012? For applications filed before September 16, 2012, there are specific requirements for a valid power of attorney. According to MPEP 402.02(b): “For applications filed before September 16, 2012, the power of attorney must be signed by (1) the applicant,…
Read MoreWhat are the requirements for representing applicants before international patent authorities?
The requirements for representing applicants before international patent authorities vary depending on the specific authority. According to MPEP 402.09 and 37 CFR 11.9(c): An individual not registered under § 11.6 may, if appointed by an applicant, prosecute an international patent application only before the United States International Searching Authority and the United States International Preliminary…
Read MoreCan a power of attorney be revoked in applications filed before September 16, 2012?
Can a power of attorney be revoked in applications filed before September 16, 2012? Yes, a power of attorney can be revoked in applications filed before September 16, 2012. The MPEP 402.02(b) states: “A power of attorney may be revoked at any stage in the proceedings of a case.” The revocation process for pre-September 16,…
Read More