How does acting in a representative capacity differ for applications filed before and after September 16, 2012?
The rules for acting in a representative capacity differ slightly for applications filed before and after September 16, 2012. According to MPEP 402.04:
For applications filed on or after September 16, 2012:
A patent practitioner acting in a representative capacity must submit papers on behalf of all parties identified as the applicant. They cannot represent only some of the applicant parties.
For applications filed before September 16, 2012:
A patent practitioner may act in a representative capacity on behalf of:
- The applicant, or
- The assignee of the entire right who has properly established its right to take action under 37 CFR 3.71 and 3.73
Additionally, for pre-September 16, 2012 applications, a person acting in a representative capacity may sign a document granting access to an application or a change of correspondence address if:
- An executed oath or declaration under pre-AIA 37 CFR 1.63 has not been filed, and
- The patent practitioner was named in the application transmittal papers.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure