What are the limitations on who can be named as a representative in a power of attorney for inter partes reexamination?

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.

There are specific limitations on who can be named as a representative in a power of attorney for inter partes reexamination. The MPEP 2613 refers to 37 CFR 1.32(c), which states:

“A power of attorney may only name as representative the inventors or registered patent practitioners.”

This means that only the following individuals can be named as representatives in a power of attorney for inter partes reexamination:

• Inventors of the patent in question
• Registered patent attorneys
• Registered patent agents

It’s important to note that any attorney or agent representing a requester must be a registered patent practitioner with the USPTO.