What is the legal basis for an attorney or agent to sign amendments without a power of attorney?
The legal basis for an attorney or agent to sign amendments without a power of attorney is provided in 37 CFR 1.34. This regulation allows registered practitioners to act in a representative capacity without necessarily having a power of attorney. The MPEP § 714.01(c) clarifies this point:
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 facilitates efficient prosecution by allowing qualified professionals to assist with specific tasks in patent applications without the need for a formal power of attorney.
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