What are the requirements for signing a withdrawal of demand or election in a PCT application?
MPEP 1880 outlines specific requirements for signing a withdrawal of demand or election in a PCT application: Any withdrawal of the demand or any election must be sent to the International Bureau or to the International Preliminary Examining Authority, provided that the withdrawal is signed by all applicants in accordance with PCT Rule 90bis.5. Furthermore,…
Read MoreCan an agent sign an international patent application?
Yes, an agent can sign an international patent application. According to MPEP 1820: “The international application may be signed by an agent.” However, there are specific requirements for patent practitioners acting as agents: “Pursuant to 37 CFR 1.34, a patent practitioner acting in a representative capacity must set forth his or her registration number on…
Read MoreCan a registered attorney or agent sign and file an international patent application for the applicant?
Yes, a registered attorney or agent can sign and file an international patent application on behalf of the applicant. However, there are some considerations: The attorney or agent must be registered with the appropriate authority. A separate power of attorney may be required from each applicant. The attorney or agent can sign the international application…
Read MoreHow is an agent or common representative appointed in an international patent application?
According to MPEP 1807, the appointment of an agent, attorney, or common representative can be effected in several ways: In the Request form, signed by the applicant In the Demand form, signed by the applicant In a separate power of attorney submitted to the United States Receiving Office or the International Bureau The MPEP cites…
Read MoreAre there any limitations on what an attorney or agent can do when acting in a representative capacity?
While MPEP § 714.01(c) allows registered attorneys and agents acting in a representative capacity to sign amendments, there are limitations on their authority. The provision specifically states: A registered attorney or agent acting in a representative capacity under 37 CFR 1.34, may sign amendments even though he or she does not have a power of…
Read MoreWhat is the legal basis for an attorney or agent to sign amendments without a power of attorney?
The legal basis for an attorney or agent to sign amendments without a power of attorney is provided in 37 CFR 1.34. This regulation allows registered practitioners to act in a representative capacity without necessarily having a power of attorney. The MPEP § 714.01(c) clarifies this point: A registered attorney or agent acting in a…
Read MoreCan a joint inventor sign an amendment without power of attorney from the other inventor?
No, a joint inventor cannot sign an amendment without proper authorization from the other inventor(s). The MPEP 714.01(a) provides an example of this situation: This applies, for instance, where the amendment is signed by only one of two joint inventors and the one signing has not been given a power of attorney by the other…
Read MoreHow can an attorney or agent become ‘of record’ for a patent application?
To become an attorney or agent ‘of record’ for a patent application, one must follow these steps: File a power of attorney from the applicant or assignee. File an oath or declaration referring to the attorney or agent. Include the attorney or agent’s registration number on the patent application transmittal letter. The MPEP 402 states:…
Read MoreCan an attorney or agent not of record sign amendments to a patent application?
Yes, a registered attorney or agent acting in a representative capacity can sign amendments to a patent application, even if they do not have a power of attorney in the application. This is explicitly stated in MPEP § 714.01(c): A registered attorney or agent acting in a representative capacity under 37 CFR 1.34, may sign…
Read MoreWhat forms are available for appointing a power of attorney in patent applications filed on or after September 16, 2012?
The USPTO provides several forms for appointing a power of attorney in patent applications filed on or after September 16, 2012. These forms are available on the USPTO website and include: PTO/AIA/80: For use by assignees who are either the named applicant or are becoming the applicant. PTO/AIA/81: For use by joint inventors who are…
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