How does the USPTO handle interviews for applications with multiple practitioners of record?
How does the USPTO handle interviews for applications with multiple practitioners of record? The USPTO has specific guidelines for handling interviews when multiple practitioners are of record for a patent application. MPEP 408 provides guidance on this situation: ‘Where a registered practitioner has been given a power of attorney or authorization of agent, only that…
Read MoreHow can a registered attorney or agent acting in a representative capacity grant access to inspect a patent application?
A person acting in a representative capacity under 37 CFR 1.34 may execute a power to inspect an application only if: The patent practitioner was named in the application transmittal papers filed under 37 CFR 1.53 or the national stage documents filed under 37 CFR 1.495, and A power of attorney has not been appointed…
Read MoreCan a patent practitioner appoint a substitute before their death?
No, a patent practitioner cannot appoint a substitute whose power would survive their own death. The MPEP clearly states: The patent practitioner may not appoint a ‘substitute’ and any attempt by the patent practitioner to appoint a ‘substitute’ patent practitioner whose power is intended to survive his or her own will not be recognized by…
Read MoreWhat happens to a patent practitioner’s power of attorney when they die?
When a patent practitioner dies, their power of attorney is automatically revoked or terminated. According to the MPEP, The power of attorney of a patent practitioner will be revoked or terminated by his or her death. (MPEP 406)
Read MoreCan a power of attorney be signed by less than all applicants or owners of a patent application?
Generally, a power of attorney must be signed by all applicants or owners of a patent application. However, there are exceptions: For revocation: A power of attorney signed by less than all applicants/owners may be accepted if accompanied by a petition under 37 CFR 1.36(a) and fee, with a showing of sufficient cause. For appointment:…
Read MoreWhat happens to a power of attorney in a continuing patent application?
For applications filed on or after September 16, 2012, 37 CFR 1.32(d) provides that a power of attorney from a prior national application may have effect in a continuing application if: A copy of the power of attorney from the prior application is filed in the continuing application The power of attorney was not granted…
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 MoreWho can appoint a power of attorney in a patent application?
For applications filed on or after September 16, 2012, a power of attorney must be signed by the applicant for patent (i.e., all parties identified as the applicant as defined by 37 CFR 1.42(a)) or the patent owner. For applications filed before September 16, 2012, a power of attorney can be signed by the applicant…
Read MoreWhat is the Customer Number practice in patent applications?
The Customer Number practice allows applicants to: Designate the correspondence address of a patent application or patent Designate the fee address of a patent Submit a list of practitioners who have power of attorney Using a Customer Number allows applicants to easily change the correspondence address, fee address, or list of practitioners for multiple applications…
Read MoreHow is correspondence handled when two patent practitioners are appointed for the same application?
When two patent practitioners are appointed for the same application: If appointed simultaneously, the applicant should specify which address to use for correspondence. If a second practitioner is added later, correspondence will be sent to the most recently provided correspondence address. A new power of attorney appointing only the second practitioner effectively revokes the power…
Read More