Who can sign a petition under 37 CFR 1.377?
The MPEP provides specific guidelines on who can sign a petition under 37 CFR 1.377. According to the manual:
“Any petition filed under 37 CFR 1.377 must comply with the requirements of 37 CFR 1.181(b) and must be signed by an attorney or agent registered to practice before the Office, or by the patentee, the assignee, or other party in interest.“
It’s important to note that not everyone involved with the patent can sign the petition. The MPEP clarifies:
“A person or organization whose only responsibility insofar as the patent is concerned is the payment of a maintenance fee is not a party in interest for purposes of 37 CFR 1.377.“
If the petition is signed by someone not registered to practice before the USPTO, they must indicate whether they are the patentee, assignee, or other party in interest. Assignees must comply with additional requirements outlined in pre-AIA 37 CFR 3.73(b) or 37 CFR 3.73(c), depending on the application filing date.
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