What actions can a practitioner take to preserve an applicant’s rights without a power of attorney?

What actions can a practitioner take to preserve an applicant’s rights without a power of attorney?

A practitioner can take certain actions to preserve an applicant’s rights without a formal power of attorney, but these are generally limited to urgent situations. The MPEP 402.04 provides some examples:

• Filing a patent application to prevent statutory bar
• Filing a response to an Office action with a nearing deadline
• Filing a notice of appeal when the period for appeal is about to expire

The MPEP states: ‘Such actions, if taken by a registered patent practitioner, will be accepted by the Office if submitted in a timely manner.’ However, it’s important to note that these actions are typically allowed only in emergencies to prevent the loss of patent rights. The practitioner should follow up with proper documentation of authority as soon as possible after taking such actions.

To learn more:

• preserving applicant rights
• emergency patent actions
• practitioner authority