When can a power of attorney be revoked or an attorney withdraw from a patent case?
According to MPEP 2560, “The revocation or withdrawal of an attorney may be submitted at any time.” However, it’s important to note that “a revocation or withdrawal of an attorney filed after issuance of a patent is not normally processed.” This means that while you can technically submit a revocation or withdrawal at any point,…
Read MoreHow is a revocation of power of attorney handled after a patent has been issued?
According to MPEP 2560, “a revocation or withdrawal of an attorney filed after issuance of a patent is not normally processed.” This implies that while it’s possible to submit a revocation of power of attorney at any time, the USPTO typically does not process such revocations after a patent has been granted. The reason for…
Read MoreWhat happens if a power of attorney is revoked in a patent application?
When a power of attorney is revoked in a patent application: The applicant must appoint a new attorney or file a new power of attorney. If no new appointment is made, the Office will send correspondence directly to the applicant at their address of record. The Office will notify the attorney of record that their…
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 MoreCan a registered practitioner sign a patent term extension application on behalf of the patent owner?
Yes, a registered practitioner can sign a patent term extension application on behalf of the patent owner. According to 37 CFR 1.730(b)(2): “If the application is submitted by the patent owner, the application must be signed either by: … (2) A registered practitioner on behalf of the patent owner.” However, the USPTO may require proof…
Read MoreWhat are the requirements for a power of attorney in supplemental examination?
For a power of attorney to be valid in a supplemental examination proceeding, it must meet specific requirements. According to MPEP 2804: “Pursuant to 37 CFR 1.32(c) a ‘power of attorney may only name as representative’ either one or more inventors or registered patent practitioners.” This means that the power of attorney must be granted…
Read MoreIs a power of attorney required to file an inter partes reexamination request?
While a power of attorney is desirable, it is not strictly required to file an inter partes reexamination request. The MPEP 2613 states: “While the filing of the power of attorney is desirable, processing of the reexamination request will not be delayed due to its absence.” However, it’s important to note that an attorney or…
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 MoreWhat form is recommended for changing power of attorney or correspondence address in supplemental examination proceedings?
The USPTO strongly recommends using Form PTO/AIA/81B for changing power of attorney or correspondence address in supplemental examination proceedings. The MPEP states: “Patent owners are strongly encouraged to use form PTO/AIA/81B when submitting a power of attorney and/or change of correspondence address in a supplemental examination proceeding or a reexamination proceeding.” This form is specifically…
Read More