MPEP Chapter 400: Representation of Inventor and Owner Flashcards
(12 cards)
Pro Se
Applicants/inventors represent themselves
Power of Attorney
Formal appointment of a registered attorney or agent to represent applicants/inventors
Revoking POA
Party can revoke POA at any time for any reason
Revocation is effective on date RECEIVED at the PTO
Withdrawal of POA
Withdrawing from representation via petition to the director (e-petition)
Requires:
1. Give reasonable notice to client
2. Deliver all papers to client
3. Notify client of any replies and time frame
NOT EFFECTIVE UNTIL COMMISSIONER APPROVES (instantaneous with e-petition)
Death, Unavailability, Insanity of Inventor
Use a substitute statement in lieu of an oath or declaration
Death of Inventor terminates
the POA, unless power remains from co-inventor, new POA required
Legal Representative
Legal representative of a incapacitated/dead inventor may execute a substitute statement on their behalf
Hostile Inventor
When an inventor is unavailable or refuses to sign:
-Oath/dec can be signed on behalf of them by another inventor
-If no inventors willing and able, a substitute statement can be used
Dead/Incompetent/Hostile BEFORE Filing
Oath/sub statement must be signed by person who steps into inventor’s shoes OR by co-inventor OR by someone with proprietary interest
Dead/Incompetent/Hostile AFTER Filing
Need new POA, unless coupled with interest or a Notice of Allowance is received
Rights of Assignee
Can revoke the POA executed by the inventors and can grant a new POA, can exclude inventors
Agents/Attorneys Rules
-Cannot act on client’s behalf without instructions
-Cannot submit papers for purposes of delay
-Must know what is in a document before it is signed and filed, even if you don’t read it (Doc is not improper, not frivolous, and is supported)
