Who can represent a requester in an ex parte reexamination?
A requester in an ex parte reexamination can be represented by an attorney or agent who must be a registered patent practitioner. According to MPEP 2213, “an attorney or agent representing a requester must be a registered patent practitioner.” The representative can act under either: A power of attorney from the client (requester) In a…
Read MoreWhat information must an attorney or agent provide to act in a representative capacity?
To act in a representative capacity under 37 CFR 1.34 during an ex parte reexamination, an attorney or agent must provide specific information. According to MPEP 2213: “In order to act in a representative capacity under 37 CFR 1.34, an attorney or agent must set forth his or her registration number, his or her name,…
Read MoreIs a power of attorney required to file an inter partes reexamination request?
While a power of attorney is desirable, it is not strictly required to file an inter partes reexamination request. The MPEP 2613 states: “While the filing of the power of attorney is desirable, processing of the reexamination request will not be delayed due to its absence.” However, it’s important to note that an attorney or…
Read MoreHow can an attorney or agent act on behalf of a patent owner in supplemental examination?
An attorney or agent can act on behalf of a patent owner in supplemental examination in two ways: Under a power of attorney: According to MPEP 2804, “In order to act under a power of attorney from a patent owner, an attorney or agent must be provided with a power of attorney by the patent…
Read MoreWhat are the requirements for an attorney or agent filing an inter partes reexamination request?
When an attorney or agent files an inter partes reexamination request on behalf of a client (the third party requester), they must meet certain requirements. According to MPEP 2613: “Where an attorney or agent files a request for an inter partes reexamination for an identified client (the third party requester), he or she may act…
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 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…
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