Can a registered practitioner sign a patent term extension application on behalf of the patent owner?
Yes, a registered practitioner can sign a patent term extension application on behalf of the patent owner. According to 37 CFR 1.730(b)(2): “If the application is submitted by the patent owner, the application must be signed either by: … (2) A registered practitioner on behalf of the patent owner.” However, the USPTO may require proof…
Read MoreCan a patent owner be represented by a non-registered practitioner in reexamination?
No, a patent owner cannot be represented by a person who is not registered to practice before the United States Patent and Trademark Office (USPTO) during a reexamination proceeding. MPEP 2213 clearly states: “A patent owner may not be represented during a reexamination proceeding by any person who is not registered to practice before the…
Read MoreCan a registered practitioner sign an affidavit or declaration on behalf of an inventor?
Yes, a registered practitioner can sign an affidavit or declaration on behalf of an inventor under certain circumstances. According to MPEP 717.01(c): ‘A registered practitioner may sign an affidavit or declaration on behalf of an assignee of the entire interest when (A) the practitioner is authorized to act on behalf of the assignee, and (B)…
Read MoreCan a registered practitioner sign an affidavit or declaration on behalf of an inventor?
No, a registered practitioner cannot sign an affidavit or declaration on behalf of an inventor. According to MPEP 717.01(c): ‘The affidavit or declaration must be signed by the inventor or a joint inventor, or if the inventor is deceased, by the legal representative, or if the inventor is under legal incapacity, by a legal representative.’…
Read MoreCan a registered practitioner sign an affidavit or declaration on behalf of an inventor or assignee?
No, a registered practitioner cannot sign an affidavit or declaration on behalf of an inventor or assignee. According to MPEP 717.01(c): ‘The affidavit or declaration must be signed by the inventor or a joint inventor, or the party qualified under 37 CFR 1.42, 1.43, or 1.47. A registered practitioner may not sign an affidavit or…
Read MoreCan an officer of an assignee corporation sign a micro entity certification?
No, an officer of an assignee corporation is not authorized to sign a certification of micro entity status. According to MPEP 509.04(c): “If any applicant is an assignee or other party under 37 CFR 1.46, and the assignee or other party is a corporation or organization rather than a person, a registered practitioner must sign…
Read MoreWhat are the requirements for a registered practitioner to obtain access to an application?
What are the requirements for a registered practitioner to obtain access to an application? According to MPEP 405, a registered practitioner may obtain access to an application if they fulfill the following requirements: The practitioner must be acting in a representative capacity The practitioner must have proper authority from the applicant or attorney or agent…
Read MoreWhat are the restrictions on registered practitioners not of record during USPTO interviews?
What are the restrictions on registered practitioners not of record during USPTO interviews? Registered practitioners who are not of record for a specific patent application face certain restrictions when attending USPTO interviews. According to MPEP 408: ‘The registered practitioner not of record may not participate in the interview of the application except as authorized by…
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 MoreHow can I find a registered patent attorney or agent?
The USPTO provides several ways to find a registered patent attorney or agent, as mentioned in MPEP 401: Visit the USPTO website: www.uspto.gov/FindPatentAttorney for a searchable listing of registered practitioners. Write to the Office of Enrollment and Discipline (OED) to request a list of registered patent practitioners in your area: Mail Stop OED, Director of…
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