Can an attorney file a protest on behalf of an unnamed client?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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, an attorney or other representative can file a protest on behalf of an unnamed real party in interest. The MPEP 1901.01 clearly states:
“A protest may be filed by an attorney or other representative on behalf of an unnamed real party in interest. 37 CFR 1.291 does not require that the real party in interest be identified.”
This provision allows for maintaining the anonymity of the real party in interest while still permitting the submission of potentially relevant information to the USPTO during the patent examination process.
Topics:
MPEP 1900 - Protest
MPEP 1901.01 - Who Can Protest
Patent Law
Patent Procedure