Who can represent a requester in an ex parte reexamination?
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.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2213 - Representative Of Requester,
Patent Law,
Patent Procedure