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
Tags: international patent applications, signing authority, suspended attorney, USPTO procedures