Can a power of attorney be granted to a foreign patent attorney or agent?
Can a power of attorney be granted to a foreign patent attorney or agent? In general, a power of attorney in U.S. patent applications can only be granted to practitioners who are registered to practice before the USPTO. According to MPEP 402.02: “The Office cannot recognize more than one power of attorney in an application…
Read MoreWhat is Form PTO/AIA/82 and how is it used for appointing a power of attorney?
Form PTO/AIA/82 is a USPTO form used by the applicant for patent to appoint one or more patent practitioners as power of attorney. This form consists of three parts: Part A (PTO/AIA/82A): A transmittal page used to identify the application to which the power of attorney is directed. It must be signed by a proper…
Read MoreWhat forms are required for appointing a power of attorney in recent patent applications?
For patent applications filed on or after September 16, 2012, specific forms are required for appointing a power of attorney. The MPEP 601.02 directs applicants to the appropriate section for guidance: “See MPEP § 402.02(a) for detailed information and relevant forms pertaining to appointment of a power of attorney in applications filed on or after…
Read MoreWhat is the difference between a general power of attorney and a limited power of attorney in patent applications?
What is the difference between a general power of attorney and a limited power of attorney in patent applications? In patent applications, there are two main types of power of attorney: general and limited. The MPEP 601.02 distinguishes between these as follows: “A power of attorney may be in the form of a general power…
Read MoreWhat is considered a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants?
What is considered a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants? The USPTO does not provide a specific definition of what constitutes a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants. According to MPEP 402.10: A power of attorney may…
Read MoreHow is a common representative appointed in international patent applications?
In international patent applications, a common representative can be appointed in several ways. According to MPEP 402.09 and 37 CFR 1.455(b): Appointment of an agent, attorney or common representative (PCT Rule 4.8) must be effected either in the Request form, signed by applicant, in the Demand form, signed by applicant, or in a separate power…
Read MoreHow can a practitioner become of record in a patent application filed on or after September 16, 2012?
How can a practitioner become of record in a patent application filed on or after September 16, 2012? A practitioner can become of record in a patent application filed on or after September 16, 2012, through the following methods: Filing an Application Data Sheet (ADS) that names the practitioner as the representative Filing a power…
Read MoreHow can a power of attorney be revoked in a patent application?
How can a power of attorney be revoked in a patent application? A power of attorney can be revoked in a patent application through the following methods: Filing a new power of attorney: This automatically revokes the previous power of attorney. Filing a revocation signed by the applicant or assignee of the entire interest: This…
Read MoreCan a power of attorney be revoked, and if so, how?
Yes, a power of attorney can be revoked. The process for revoking a power of attorney is outlined in MPEP 601.02: “A power of attorney may be revoked at any stage in the proceedings of a case, and a power of attorney to a subsidiary attorney will not be revoked by appointment of a principal…
Read MoreHow does adding an inventor affect an existing power of attorney in a patent application?
Adding an inventor to a patent application can potentially affect an existing power of attorney. According to MPEP 402.02(a): “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 attorney consistent with the power of attorney granted by…
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