2213 Representative of Requester [R-11.2013]
37 C.F.R. 1.510 Request for ex parte reexamination.
- (f) If a 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 identified client (the requester), he or she may act under either a power of attorney from the client, or act in a representative capacity under 37 CFR 1.34, see 37 CFR 1.510(f). 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 an attorney or agent files a request for reexamination for another entity (e.g., a corporation) that wishes to remain anonymous, then that attorney or agent is the third party requester.
If any question of authority to act is raised, proof of authority may be required by the Office.
All correspondence for a requester that is not the patent owner is addressed to the representative of the requester, unless a specific indication is made to forward correspondence to another address.
If the request is filed by a person on behalf of the patent owner, correspondence will be directed to the patent owner at the address as indicated in 37 CFR 1.33(c), regardless of the address of the person filing the request. See MPEP § 2222 for a discussion of who receives correspondence on behalf of a patent owner and how changes in the correspondence address are to be made.
A patent owner may not be represented during a reexamination proceeding by any person who is not registered to practice before the Office, since those individuals are prohibited by 37 CFR 1.33(c) from signing amendments and other papers filed in a reexamination proceeding on behalf of the patent owner.