What are the requirements for an attorney or agent filing an inter partes reexamination request?
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.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2613 - Representative Of Requester,
Patent Law,
Patent Procedure