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

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.

To learn more:

• power of attorney
• supplemental examination
• registered patent practitioner
• inventors