What is the procedure for an examiner to verify an attorney’s authority during an interview?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. When conducting an interview with an attorney or agent who is not of record, the examiner must follow a specific procedure to verify their authority. According to MPEP 405 : If an attorney or agent not of record in an application contacts an examiner for an interview, the examiner may grant the interview if the attorney or agent presents an authorization from the practitioner of record, or presents a signed power of attorney or a paper authorizing them to act as associate or agent. The examiner should: Ask for an authorization from the practitioner of record Accept a signed power of attorney Accept a paper authorizing the attorney or agent to act as an associate or agent If none of these are available, the examiner should decline the interview unless the attorney or agent is willing to conduct the interview with the inventor present. For more information on USPTO procedures, visit: USPTO procedures . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Verify Patent Practitioner of Record Using Portal MPEP 101 Recommended Attorney or Agent Can Act Under Power of Attorney or Representative Capacity MPEP 2804 Permitted Patent Practitioner Notified Upon Power of Attorney Revocation MPEP 402.05(b) Patent Practitioner Notified Upon Power of Attorney Revocation MPEP 402.05(a) Patent Practitioner Required for Power of Attorney MPEP 2213 Required Patent Practitioner Must File Power of Attorney MPEP 104 Filing Papers by Registered Attorney/Agent Not of Record MPEP 405 Permitted Authorization for Interview Through PTOL-413A Required MPEP 405 Permitted Authorization for Interviews by Design Patent Practitioners Only MPEP 405 Permitted Authorization for Interview Required MPEP 4...