Are 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 registered attorney or agent not of record sign amendments?
Yes, a registered attorney or agent acting in a representative capacity under 37 CFR 1.34 can sign amendments even if they are not the attorney or agent of record. According to MPEP 714.01(c): A registered attorney or agent acting in a representative capacity under 37 CFR 1.34, may sign amendments even though he or she…
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 does ‘acting in a representative capacity’ mean in the context of patent applications?
‘Acting in a representative capacity’ refers to a registered attorney or agent performing certain actions on behalf of a patent applicant without necessarily having a formal power of attorney. This concept is outlined in 37 CFR 1.34 and discussed in MPEP § 714.01(c): A registered attorney or agent acting in a representative capacity under 37…
Read MoreCan a practitioner acting in a representative capacity withdraw from an application?
The USPTO has specific rules regarding withdrawal for practitioners acting in a representative capacity under 37 CFR 1.34: The USPTO will not approve withdrawal requests from practitioners acting in a representative capacity. These practitioners are responsible for the correspondence they file in the application while acting in a representative capacity. There is no need for…
Read MoreWhat documents can a person acting in a representative capacity not sign?
According to MPEP 402.04, there are several important documents that a person acting in a representative capacity generally cannot sign. These include: A power of attorney (37 CFR 1.32) A document granting access to an application A change of correspondence address A terminal disclaimer (37 CFR 1.321(b)(1)) A request for express abandonment without filing a…
Read MoreCan a person acting in a representative capacity execute a power to inspect?
Yes, but with limitations. According to MPEP 104: “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…
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 does correcting inventorship affect the power of attorney in a patent application?
Correcting inventorship can potentially affect the power of attorney in a patent application. The MPEP states: For applications filed on or after September 16, 2012, 37 CFR 1.32(e) provides that if the power of attorney was granted by the originally named inventive entity, and an added inventor pursuant to 37 CFR 1.48 does not provide…
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