MPEP Section 2613, Representative of Requester
Executive summary:
This document contains Section 2613 ("Representative of Requester") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.
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2613 Representative of Requester [R-7]
37 CFR 1.915 Content of request for inter partes reexamination.
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(c) **>If an inter partes request is filed by an attorney or agent identifying another party on whose behalf the request is being filed, the attorney or agent must have a power of attorney from that party or be acting in a representative capacity pursuant to § 1.34.<
Where an attorney or agent files a request for an inter partes reexamination for an identified client (the third party requester), he or she may act under a power of attorney from the client or may act in a representative capacity under 37 CFR 1.34*. See 37 CFR 1.915(c). While the filing of the power of attorney is desirable, processing of the reexamination request will not be delayed due to its absence.
>In order to act in a representative capacity under 37 CFR 1.34, an attorney or agent must set forth his or her registration number, his or her name and signature. In order to act under a power of attorney from a requester, an attorney or agent must be provided with a power of attorney. 37 CFR 1.32(c) provides that a "power of attorney may only name as representative" the inventors or registered patent practitioners. Thus, an attorney or agent representing a requester must be a registered patent practitioner.<
If any question of authority to act is raised, proof of authority may be required by the Office.
All correspondence for a third party requester **>is< addressed to the representative of the requester, unless a specific indication is made to forward correspondence to another address.
A third party requester may not be represented during a reexamination proceeding by an attorney or other person who is not registered to practice before the Office.