37 CFR 1.34 - Acting in a representative capacity
| Cite as | 37 CFR 1.34 |
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24 practice notes
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Patent cases: Patent business goals; implementation,
...CFR 3.71. A registered practitioner may take some actions in a patent application by providing his registration number on the paper. See 37 CFR 1.34(b). However, only an attorney or agent that is of record, the inventor, or the assignee of the entire interest can take certain actions in an ......
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The Colorblind Patent System and Black Inventors
...by the applicant and/ or assignee or attorney or agent of record. 20 A registered practitioner acting in a representative capacity under 37 C.F.R. § 1.34 is not permitted to sign a terminal disclaimer. This is likely to arise if a power of attorney has not been filed with and accepted by th......
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Responding to Nonstatutory Double Patenting Rejections: A Practitioner's Perspective
...by the applicant and/ or assignee or attorney or agent of record. 20 A registered practitioner acting in a representative capacity under 37 C.F.R. § 1.34 is not permitted to sign a terminal disclaimer. This is likely to arise if a power of attorney has not been filed with and accepted by th......
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The Impact of GDPR on Online Brand Enforcement: Lessons Learned and Best Practices for IP Practitioners
...by the applicant and/ or assignee or attorney or agent of record. 20 A registered practitioner acting in a representative capacity under 37 C.F.R. § 1.34 is not permitted to sign a terminal disclaimer. This is likely to arise if a power of attorney has not been filed with and accepted by th......
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6 cases
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Ropes & Gray Llp v. Jalbert, SJC-10333
...provisions of this subchapter and the law, he or she is authorized to represent the particular party on whose behalf he or she acts." 37 C.F.R. § 1.34 (2008). Here, no party has disputed the fact that Ropes & Gray was authorized to appear before the USPTO in patent prosecution work on behal......
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Rydeen v. Quigg, Civ. A. No. 88-1786.
...3 A power of attorney was filed with the Patent Office identifying C. Bruzga as the attorney of record. 37 C.F.R. §§ 1.363(a), 1.33(a) and 1.34(b). 4 At the time Bruzga prosecuted the patent application for plaintiff he lived in Schenectady, New York. In 1985, Bruzga relocated to New York C......
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Wright v. Rinaldo, Docket No. 275518.
...the provisions of this subchapter and the law, he or she is authorized to represent the particular party on whose behalf he or she acts. [37 CFR 1.34.] On August 29, 2000, Rinaldo filed with the USPTO an amendment of plaintiff's patent. While the amended patent application was pending in th......
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Japanese Found. for Cancer Research v. Rea, Civil Action No. 1:13-cv-412
...to sell the client's real estate. A client may authorize a lawyer to act in such matters, but otherwise the lawyer lacks authority." 9. 37 C.F.R. § 1.34, pertaining to patent counsel, does not support any other result. Under that regulation:When a patent practitioner acting in a representat......
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4 firm's commentaries
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Patent Office Pilot Program To Encourage COVID-19 Related Inventions (Expanded)
...A patent practitioner of record; (ii) a patent practitioner not of record who acts in a representative capacity under the provisions of 37 CFR 1.34; (iii) the applicant (37 CFR 1.42), if the applicant is not a juristic entity. If the applicant is the inventor (as defined in 35 U.S.C. 100(f)......
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The USPTO Does Not Need The Onerous Proposed Attributable Owner Rules
...before the USPTO would need to know every possible "attributable owner" to ensure that a current power of attorney is in place. Under 37 CFR § 1.34, a registered practitioner can prosecute a patent application without ever filing any formal power of attorney document. While a power of attor......
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The USPTO Does Not Need the Onerous Proposed Attributable Owner Rules
...before the USPTO would need to know every possible “attributable owner” to ensure that a current power of attorney is in place. Under 37 CFR § 1.34, a registered practitioner can prosecute a patent application without ever filing any formal power of attorney document. While a power of attor......
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New USPTO Expedited Patent Appeal Pilot Program
...registered practitioner submitting the certification and petition has a power of attorney (37 C.F.R. § 1.32), or has authority to act (37 C.F.R. § 1.34), for both identified applications. To assist in the filing of the petition, the USPTO has created an informative web page and Form Other n......
3 books & journal articles
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The Colorblind Patent System and Black Inventors
...by the applicant and/ or assignee or attorney or agent of record. 20 A registered practitioner acting in a representative capacity under 37 C.F.R. § 1.34 is not permitted to sign a terminal disclaimer. This is likely to arise if a power of attorney has not been filed with and accepted by th......
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Responding to Nonstatutory Double Patenting Rejections: A Practitioner's Perspective
...by the applicant and/ or assignee or attorney or agent of record. 20 A registered practitioner acting in a representative capacity under 37 C.F.R. § 1.34 is not permitted to sign a terminal disclaimer. This is likely to arise if a power of attorney has not been filed with and accepted by th......
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The Impact of GDPR on Online Brand Enforcement: Lessons Learned and Best Practices for IP Practitioners
...by the applicant and/ or assignee or attorney or agent of record. 20 A registered practitioner acting in a representative capacity under 37 C.F.R. § 1.34 is not permitted to sign a terminal disclaimer. This is likely to arise if a power of attorney has not been filed with and accepted by th......