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405    Interviews With Patent Practitioner Not of Record

MPEP SECTION SUMMARY This section discusses interviews with a patent practitioner not of record. Papers may be filed in patent applications and reexamination proceedings by registered attorneys or agents not of record. Filing of such papers is considered to be a representation that the attorney or agent is authorized to act in a representative capacity on behalf of applicant.

Interviews may be conducted with a registered practitioner who has proper authority from the applicant or attorney or agent of record in the form of a power of attorney or authorization to act in a representative capacity, whether or not the practitioner has a copy of the application file.

• Registered practitioners, when acting in a representative capacity, can alternatively show authorization to conduct an interview by completing, signing and filing an Applicant Initiated Interview Request Form.
• This eliminates the need to file a power of attorney or authorization to act in a representative capacity before having an interview.
  • However, an interview concerning an application that has not been published with an attorney or agent not of record who obtains authorization through use of the interview request form will be conducted based on the information and files supplied by the attorney or agent in view of the confidentiality requirements
    
    

406    Death of Patent Practitioner

MPEP SECTION SUMMARY Upon the death of the sole practitioner of record, the power of attorney is terminated, and correspondence is mailed to the office of the deceased patent practitioner and to the party who originally appointed the deceased patent practitioner.

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The patent practitioner may not appoint a “substitute” and any attempt by the patent practitioner to appoint a “substitute” patent practitioner whose power is intended to survive his or her own will not be recognized by the Office.

407    Suspended or Excluded Patent Practitioner

MPEP SECTION SUMMARY Any power of attorney given to a practitioner who has been suspended or disbarred by the Office is ineffective, and does not authorize the person to practice before the Office or to represent applicants or patentees in patent matters.

408    Interviews With Patent Practitioner of Record

MPEP SECTION SUMMARY When an applicant is initiating a request for an interview, an “Applicant Initiated Interview Request” form should be submitted to the examiner prior to the interview in order to permit the examiner to prepare in advance for the interview and to focus on the issues to be discussed.

The Applicant Initiated Interview Request form should identify the participants of the interview, the proposed date of the interview, whether the interview will be personal, telephonic, or video conference, and should include a brief description of the issues to be discussed.

An examiner may contact the patent practitioner of record in the application to suggest a telephonic, personal, or video conference interview.

Registered attorneys or agents not of record means that there is no power of attorney present in the file that appoints the patent practitioner(s).

Office employees are forbidden from holding either oral or written communication with an unregistered, suspended, or excluded attorney or agent regarding an application unless it is one in which said attorney or agent is the applicant.

 

 

» 409 Death, Legal Incapacity, or Unavailability of Inventor