Can an attorney or agent not of record sign amendments to a patent application?

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 can sign amendments to a patent application, even if they do not have a power of attorney in the application. This is explicitly stated in 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 provision allows for flexibility in the prosecution process, enabling registered practitioners to assist with specific tasks without requiring a formal power of attorney for the entire application.

Tags: Agent Signature, Attorney Signature, patent amendments, power of attorney, representative capacity