How does MPEP 402.08 affect patent attorneys during derivation proceedings?

MPEP 402.08 has significant implications for patent attorneys involved in derivation proceedings. The key provision states:

While an application is involved in an interference or derivation proceeding, any power of attorney of or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration.

For patent attorneys, this means:

• Any changes in representation must go through the PTAB, not regular USPTO channels.
• There may be delays in processing power of attorney changes due to PTAB review.
• Attorneys must be prepared to justify changes in representation to the PTAB if necessary.
• The timing of representation changes may be influenced by the ongoing derivation proceeding.

Patent attorneys should be aware of these special procedures to ensure smooth transitions in representation during derivation proceedings.

To learn more:

• patent attorneys
• derivation proceeding
• power of attorney
• PTAB
• MPEP 402.08

To learn more:

• MPEP 402.08