Who can represent a requester in an ex parte reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
A requester in an ex parte reexamination can be represented by an attorney or agent who must be a registered patent practitioner. According to MPEP 2213, “an attorney or agent representing a requester must be a registered patent practitioner.” The representative can act under either:
- A power of attorney from the client (requester)
- In a representative capacity under 37 CFR 1.34
To act in a representative capacity, the attorney or agent must provide their registration number, name, and signature.
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents
MPEP 2213 - Representative Of Requester
Patent Law
Patent Procedure