What does ‘acting in a representative capacity’ mean in the context of patent applications?

‘Acting in a representative capacity’ refers to a registered attorney or agent performing certain actions on behalf of a patent applicant without necessarily having a formal power of attorney. This concept is outlined in 37 CFR 1.34 and discussed in MPEP § 714.01(c):

A registered attorney or agent acting in a representative capacity under 37 CFR 1.34, may sign amendments even though he or she does not have a power of attorney in the application.

This provision allows qualified professionals to assist with specific tasks, such as signing amendments, without being formally appointed as the attorney of record for the entire application. It provides flexibility in the patent prosecution process while ensuring that only registered practitioners can perform these actions.

To learn more:

• Representative capacity
• Patent applications
• Attorney representation
• Agent representation
• 37 CFR 1.34

To learn more:

• 37 CFR 1.34