Can a registered patent attorney sign an amendment without being of record?
Yes, a registered patent attorney can sign an amendment without being of record, but there are important considerations:
- The amendment will be entered and considered by the examiner.
- The attorney will be notified that they are not of record.
- Future communications may be restricted without proper documentation.
The MPEP 714.01(c) clarifies: If an amendment is signed by an attorney or agent not of record, it will be entered, but the attorney or agent will be notified that he or she is not of record.
While it’s possible to sign an amendment without being of record, it’s generally recommended to file the necessary documents to become the attorney of record to ensure smooth communication with the USPTO throughout the patent prosecution process.
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