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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Attorney or Agent Representation Required for International Applications MPEP 402.09 Permitted Patent Practitioner May Act for Pre-2012 Applicants MPEP 402.04 Permitted Attorney or Agent Must Be Registered to Practice Before USPTO MPEP 402 Required Patent Attorney or Agent Required for Design Patents MPEP 402 Permitted Attorney or Agent May Only Act as Design Patent Practitioner MPEP 402 Permitted Refiling Power of Attorney When More Than Ten Practitioners Named MPEP 402 Recommended Powers of Attorney for Customer Number Practitioners MPEP 402 Permitted New Power of Attorney Required for Wrong Registration Number MPEP 402 Required Invalid Power of Attorney Affects Correspondence Address MPEP 402 Patent Practitioner Can Sign Access Documents MPEP 402.04 Permitted Other Related FAQs 5 FAQs Collapse How does the USPTO handle conflicting instructions from multiple representatives? What is the significance of the &#8216;acting in a representative capacity&#8217; requireme...