Who can sign papers in a patent application when the attorney is suspended?
When an attorney is suspended, the signing authority for papers in a patent application depends on the filing date:
For applications filed before September 16, 2012:
- All named applicants
- Assignee of record of an undivided part interest, along with named applicants retaining an interest
- Assignee of the entire interest
- A registered patent attorney or agent not of record acting under 37 CFR 1.34
For applications filed on or after September 16, 2012:
- A patent practitioner of record
- A patent practitioner not of record acting under 37 CFR 1.34
- The applicant (except for juristic entity applicants, which require a patent practitioner)
This information is provided in Form Paragraph 4.07 of MPEP § 407.
Topics:
MPEP 400 - Representative of Applicant or Owner,
MPEP 407 - Suspended or Excluded Patent Practitioner,
Patent Law,
Patent Procedure