Can a patent owner be represented by a non-registered practitioner in reexamination?
No, a patent owner cannot be represented by a person who is not registered to practice before the United States Patent and Trademark Office (USPTO) during a reexamination proceeding. MPEP 2213 clearly states:
“A patent owner may not be represented during a reexamination proceeding by any person who is not registered to practice before the Office, since those individuals are prohibited by 37 CFR 1.33(c) from signing amendments and other papers filed in a reexamination proceeding on behalf of the patent owner.”
This restriction ensures that only qualified practitioners handle the complex legal and technical aspects of reexamination proceedings.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2213 - Representative Of Requester,
Patent Law,
Patent Procedure