Who can sign papers in a patent application when the attorney is suspended?

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.

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.