Can a non-attorney represent an applicant before the USPTO?

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.

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.