Are there any limitations on what an attorney or agent can do when acting in a representative capacity?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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 attorney in the application. This means that while they can sign amendments, other actions may require a formal power of attorney. For a complete understanding of what actions are permissible under representative capacity, it’s important to review 37 CFR 1.34 and related MPEP sections, such as MPEP § 402.03 , which provide more detailed guidance on the scope of representative capacity. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Attorney or Agent May Only Act as Design Patent Practitioner MPEP 402 Permitted Patent Attorney or Agent Required for Design Patents MPEP 402 Permitted Attorney or Agent Must Be Registered to Practice Before USPTO MPEP 402 Required Refiling Power of Attorney When More Than Ten Practitioners Named MPEP 402 Recommended Powers of Attorney for Customer Number Practitioners MPEP 402 Permitted New Power of Attorney Required for Wrong Registration Number MPEP 402 Required Invalid Power of Attorney Affects Correspondence Address MPEP 402 Design Patent Practitioners Can Only Practice in Design Matters MPEP 402 Patent Practitioner or Joint Inventor Can Give Power of Attorney MPEP 402 Permitted Joint Inventor Can Grant POA to Non-Practitioner MPEP 402 Other Related FAQs 5 FAQs Collapse Can individuals with limited recognition file documents in patent applications? How does the USPTO handle conflicting p...