What happens to a power of attorney during an interference or derivation proceeding?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

During an interference or derivation proceeding, any changes to the power of attorney must be forwarded to a specific board for review. As stated in MPEP 402.05: While an application is involved in an interference or derivation proceeding, any power of attorney or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration. This ensures that the appropriate authority handles changes in representation during these specialized proceedings.

Topics: MPEP 400 - Representative of Applicant or Owner Patent Law Patent Procedure
Tags: Derivation Proceeding, patent trial and appeal board, power of attorney