What are the requirements for a power of attorney in supplemental examination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

For a power of attorney to be valid in a supplemental examination proceeding, it must meet specific requirements. According to MPEP 2804:

“Pursuant to 37 CFR 1.32(c) a ‘power of attorney may only name as representative’ either one or more inventors or registered patent practitioners.”

This means that the power of attorney must be granted to either:

  • One or more inventors of the patent, or
  • One or more registered patent practitioners (attorneys or agents)

It’s important to note that only registered patent practitioners can represent the patent owner in supplemental examination proceedings.

Topics: MPEP 2800 - Supplemental Examination MPEP 2804 - Representative Of Patent Owner Patent Law Patent Procedure
Tags: Correspondence General, Practitioner Registration