TMEP 611.03(b): Responses, Amendments to Applications, Requests for Express Abandonment, Requests for Reconsideration of Final Actions, and Requests to Divide

This is the October 2015 Edition of the TMEP

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611.03(b)    Responses, Amendments to Applications, Requests for Express Abandonment, Requests for Reconsideration of Final Actions, and Requests to Divide

Responses, amendments to applications, requests for express abandonment, requests for reconsideration of final actions, and requests to divide must be signed by the individual applicant or registrant, someone with legal authority to bind a juristic applicant or registrant, or a qualified practitioner, in accordance with the following guidelines:

  • If the applicant or registrant is represented by a qualified practitioner, the practitioner must sign, except where the owner is required to sign the correspondence; or
  • If the applicant or registrant is not represented by a qualified practitioner, the individual applicant or registrant or someone with legal authority to bind a juristic applicant or registrant must sign. In the case of joint applicants or registrants who are not represented by a qualified practitioner, all must sign.

See 37 C.F.R. §§2.62(b), 2.68(a), 2.74(b), 2.87(f), 2.163(b), 2.171(b)(1), 2.184(b)(2), 2.193(e)(2)–2.193(e)(2)(ii), 11.14(e), and 11.18(a).

See TMEP §712.01 for further guidance as to who may sign a response to an examining attorney’s Office action.