How can a registered patent attorney or agent withdraw from representation?
A registered patent attorney or agent who has been given a power of attorney can withdraw as attorney or agent of record by following these steps: File an application for withdrawal with the USPTO Director Obtain approval from the Director Provide notice to the client As stated in 37 CFR 1.36(b): A registered patent attorney…
Read MoreCan a patent practitioner sign a substitute statement on behalf of a juristic entity?
According to MPEP 604, a patent practitioner cannot automatically sign a substitute statement on behalf of a juristic entity. The MPEP states: “Note: a power of attorney to a patent practitioner to prosecute a patent application executed by the juristic entity does not make that practitioner an official of the juristic entity or empower the…
Read MoreWhat happens to the power of attorney when an inventor is added to a pre-AIA patent application?
When an inventor is added to a pre-AIA patent application through a 37 CFR 1.48 request, it can affect the existing power of attorney. According to MPEP 402.05(b): If the power of attorney was granted by the originally named inventive entity and an added inventor pursuant to § 1.48 does not provide a power of…
Read MoreCan a power of attorney be appointed or revoked by less than all applicants or owners?
Generally, papers giving or revoking a power of attorney in an application require signatures from all applicants or owners. However, there are exceptions: For revocation: A petition under 37 CFR 1.36(a) with a fee and showing of sufficient cause is required. For appointment: A petition under 37 CFR 1.183 with a fee, demonstrating an extraordinary…
Read MoreWhat happens to the power of attorney when an inventor dies?
The death of an inventor (or one of the joint inventors) typically terminates the power of attorney given by the deceased inventor in an application filed before September 16, 2012, unless the power of attorney is coupled with an interest (e.g., the patent practitioner is an assignee or part-assignee). As stated in MPEP 409.01(b): “Unless…
Read MoreWhat happens to a power of attorney when the named principal or assignee dies?
The death of a named principal or assignee can have significant implications for an existing power of attorney in a patent application. According to MPEP 402.05: The death of the principal may terminate the power of attorney given by him or her depending on the circumstances. This means that the power of attorney may automatically…
Read MoreWhere can I find information about power of attorney for older patent applications?
For patent applications filed before September 16, 2012, specific guidance on power of attorney can be found in the Manual of Patent Examining Procedure (MPEP). According to MPEP 601.02: “See MPEP § 402.02(b) for detailed information and relevant forms pertaining to appointment of a power of attorney in applications filed before September 16, 2012.” To…
Read MoreWhat information must be included in a power of attorney for patent applications?
A power of attorney for patent applications must include the following information: The attorney’s or agent’s full mailing address, including ZIP Code It’s recommended to include the telephone and fax numbers of the attorney or agent As stated in MPEP 601.02: “The attorney’s or agent’s full mailing address (including ZIP Code) must be given in…
Read MoreHow does the power of attorney from a prior application affect a continuing application?
For applications filed on or after September 16, 2012, the power of attorney from a prior application may have effect in the continuing application under certain conditions. The MPEP states: 37 CFR 1.32(d) provides that a power of attorney from a prior national application for which benefit is claimed under 35 U.S.C. 120, 121, or…
Read MoreWhat happens to a power of attorney during an interference or derivation proceeding?
During an interference or derivation proceeding, any changes to the power of attorney must be forwarded to a specific board for review. As stated in MPEP 402.05: While an application is involved in an interference or derivation proceeding, any power of attorney or revocation of power of attorney should be forwarded to the Patent Trial…
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