How should a foreign assignee designate a domestic representative for patent matters?
According to 35 U.S.C. 293 and 37 CFR 3.61, a foreign assignee of a patent or patent application who is not domiciled in the United States may designate a domestic representative. Here’s how to do it:
- Prepare a written document signed by the assignee.
- State the name and address of a person residing within the United States who may be served process or notice of proceedings affecting the patent or rights under it.
- Submit this document to the USPTO as a separate paper from any assignment document.
- Clearly label the document as “Designation of Domestic Representative.”
- Ensure the document is signed in accordance with 37 CFR 1.33(b).
As stated in MPEP 302.04: “The designation of domestic representative should always be submitted to the Office as a paper separate from any assignment document.”
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 302 - Recording of Assignment Documents,
Patent Law,
Patent Procedure