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

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.

To learn more:

Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: representative capacity