Does an assignment automatically revoke a previous power of attorney in patent cases?
No, an assignment does not automatically revoke a previous power of attorney in patent cases. The MPEP 2560 clearly states: “It should be noted that an assignment does not act as a revocation of power of attorney for authorization previously given.” This means that even if the ownership of a patent or patent application changes,…
Read MoreHow can a patent owner designate a new attorney or agent to receive correspondence?
If a patent owner wants a different attorney or agent to receive correspondence, they must file a new power of attorney with the USPTO. The MPEP 2222 states: “If the patent owner desires that a different attorney or agent receive correspondence, then a new power of attorney must be filed.” For reexamination proceedings, patent owners…
Read MoreHow does changing the correspondence address affect power of attorney in patent cases?
Changing the correspondence address in a patent case does not automatically affect the power of attorney. Key points to note: A change of correspondence address does not revoke an existing power of attorney The attorney of record can change the correspondence address Applicants can file a separate request to change the address without affecting the…
Read MoreHow can a patent owner change the correspondence address after a patent issues?
According to MPEP 2622, a patent owner can change the correspondence address after a patent issues. The process depends on whether a reexamination proceeding is pending: 1. If a reexamination proceeding is pending, address the request to: Mail Stop “Inter Partes Reexam”Attn: Central Reexamination UnitCommissioner for PatentsP.O. Box 1450Alexandria, VA 22313-1450 2. If no reexamination…
Read MoreHow can a patent owner change the attorney or agent for correspondence in a supplemental examination?
To change the attorney or agent for correspondence in a supplemental examination, a new power of attorney must be filed in two places: The file of the patent for which supplemental examination is requested The file of the supplemental examination proceeding, or if reexamination is ordered, in the resulting ex parte reexamination proceeding The MPEP…
Read MoreCan an assignee revoke a previous power of attorney in a patent case?
Yes, an assignee can revoke a previous power of attorney in a patent case. According to MPEP 2560, “the assignee may revoke a previous power of attorney.” This means that when the ownership of a patent or patent application is transferred, the new owner (assignee) has the authority to revoke any existing power of attorney…
Read MoreHow can an attorney or agent act on behalf of a patent owner in supplemental examination?
An attorney or agent can act on behalf of a patent owner in supplemental examination in two ways: Under a power of attorney: According to MPEP 2804, “In order to act under a power of attorney from a patent owner, an attorney or agent must be provided with a power of attorney by the patent…
Read MoreWhat are the requirements for an attorney or agent filing an inter partes reexamination request?
When an attorney or agent files an inter partes reexamination request on behalf of a client (the third party requester), they must meet certain requirements. According to MPEP 2613: “Where an attorney or agent files a request for an inter partes reexamination for an identified client (the third party requester), he or she may act…
Read MoreWhere should submissions for changing power of attorney or correspondence address be sent after a supplemental examination request?
After a request for supplemental examination has been filed, or after any ex parte reexamination resulting from the supplemental examination has been ordered, submissions to change the power of attorney or correspondence address should be addressed as specified in MPEP § 2806. The MPEP states: “After a request for supplemental examination has been filed, and/or…
Read MoreCan the requirement for a separate power of attorney be waived in international patent applications?
Yes, the requirement for a separate power of attorney can be waived in certain circumstances for international patent applications. According to MPEP 1807: “Pursuant to PCT Rules 90.4(d) and 90.5(c), which are applicable to international applications having an international filing date on or after January 1, 2004, the receiving Office, International Bureau, International Searching Authority…
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