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

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Practitioner May Act for Pre-2012 Applicants MPEP 402.04 Permitted Patent Practitioner Can Sign Access Documents MPEP 402.04 Permitted Patent Practitioner or Joint Inventor Can Give Power of Attorney MPEP 402 Permitted Patent Practitioner Must Provide Registration Number and Signature MPEP 402.04 Required Attorney or Agent May Only Act as Design Patent Practitioner MPEP 402 Permitted Refiling Power of Attorney When More Than Ten Practitioners Named MPEP 402 Recommended Further Proof of Authority for Representative Actions Required MPEP 402.04 Required All Applicants Must Be Represented MPEP 402.04 Required Patent Practitioner Registration Requirement MPEP 402 Permitted Powers of Attorney for Customer Number Practitioners MPEP 402 Permitted Other Related FAQs 5 FAQs Collapse How does the USPTO handle conflicting instructions from multiple ...