Can a non-attorney represent an applicant before the USPTO?
Can a non-attorney represent an applicant before the USPTO?
Yes, a non-attorney can represent an applicant before the USPTO under certain circumstances. According to MPEP 402.04, there are specific provisions for non-attorney representation:
- Patent agents: Registered patent agents who are not attorneys can represent applicants in patent matters before the USPTO.
- Limited recognition: Individuals granted limited recognition by the USPTO Director can represent applicants in specific patent matters.
- Pro se representation: Applicants can represent themselves (pro se) in their own patent applications.
However, it’s important to note that “Effective September 16, 2012, any paper submitted on behalf of a juristic entity must be signed by a patent practitioner.” This means that corporations and other non-human entities must be represented by a registered patent practitioner, who may be either a patent attorney or a patent agent.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure