Can a practitioner act on behalf of an applicant without a power of attorney?

Can a practitioner act on behalf of an applicant without a power of attorney?

Yes, a practitioner can act on behalf of an applicant without a power of attorney in certain circumstances. According to MPEP 402.04:

‘A practitioner may in some circumstances within the discretion of the Office act without any power of attorney or authorization of agent when it appears necessary to preserve the rights of the applicant.’

This provision allows for urgent action to be taken to protect the applicant’s interests, even if a formal power of attorney is not in place. However, it’s important to note that this is at the discretion of the USPTO and is typically limited to situations where immediate action is necessary to prevent loss of rights.

To learn more:

• practitioner representation
• power of attorney
• USPTO discretion