Can a registered attorney or agent not of record sign amendments?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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 registered attorney or agent acting in a representative capacity under 37 CFR 1.34 can sign amendments even if they are not the attorney or agent of record. According to MPEP 714.01(c):

A registered attorney or agent acting in a representative capacity under 37 CFR 1.34, may sign amendments even though he or she does not have a power of attorney in the application.

This allows for flexibility in representation, enabling registered practitioners to assist with prosecuting applications even if they are not formally appointed as the attorney or agent of record.

Tags: Agent Signatures, Attorney Signatures, Patent Practitioners, representative capacity