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 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.
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