What are the requirements for an attorney or agent filing an inter partes reexamination request?

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.

When an attorney or agent files an inter partes reexamination request on behalf of a client (the third party requester), they must meet certain requirements. According to MPEP 2613:

“Where an attorney or agent files a request for an inter partes reexamination for an identified client (the third party requester), he or she may act under a power of attorney from the client or may act in a representative capacity under 37 CFR 1.34.”

To act in a representative capacity under 37 CFR 1.34, the attorney or agent must:

• Set forth their registration number
• Provide their name
• Include their signature

If acting under a power of attorney, the attorney or agent must be provided with a power of attorney from the requester.