What documents can a person acting in a representative capacity not sign?

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.

According to MPEP 402.04, there are several important documents that a person acting in a representative capacity generally cannot sign. These include:

• A power of attorney (37 CFR 1.32)
• A document granting access to an application
• A change of correspondence address
• A terminal disclaimer (37 CFR 1.321(b)(1))
• A request for express abandonment without filing a continuing application (37 CFR 1.138(b))

However, there are some exceptions for applications filed on or after September 16, 2012. In these cases, a person acting in a representative capacity may sign a document granting access to an application or a change of correspondence address if:

1. A power of attorney has not been appointed under 37 CFR 1.32(b), and
2. The patent practitioner was named in the application transmittal papers.