Can an applicant sign an amendment if they have an attorney of record?
Yes, an applicant other than a juristic entity can sign an amendment even if they have an attorney of record. The Manual of Patent Examining Procedure (MPEP) states:
If an amendment signed by the applicant, other than a juristic entity, is received in an application in which there is a duly appointed attorney or agent, the amendment should be entered and acted upon.
This means that the USPTO will accept and process the amendment. However, the examiner will notify both the attorney and the applicant of the action taken on the amendment.
It’s important to note that for juristic entities (e.g., corporations), amendments must be signed by a patent practitioner. The MPEP clarifies: An amendment submitted on behalf of a juristic entity must be signed by a patent practitioner.
For more information, refer to MPEP 714.01(d) and 37 CFR 1.33(b)(3).
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