What is the significance of MPEP 402.08 for independent inventors in interference proceedings?

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.

MPEP 402.08 has important implications for independent inventors involved in interference proceedings. The key provision states:

While an application is involved in an interference or derivation proceeding, any power of attorney of or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration.

For independent inventors, this means:

• Changes in legal representation during an interference proceeding must be approved by the PTAB.
• There may be additional complexity and potential delays in changing attorneys.
• Inventors should carefully consider the timing of any representation changes.
• Direct communication with the PTAB may be necessary regarding power of attorney matters.

Independent inventors should be aware of these special procedures to navigate interference proceedings effectively and ensure proper legal representation throughout the process.