General Information |
Referenced Items (95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120) |
(95) Conducting an Interview with a Registered Practitioner
Acting in a Representative Capacity
This notice changes the procedure for registered practitioners, when
acting in a representative capacity, to show authorization for the interview
by signing and filing an Applicant Initiated Interview Request Form
(PTOL-413A), thereby eliminating the requirement that a power of attorney
or authorization to act in a representative capacity be filed in the subject
application in order to conduct the interview.
Under the current procedure for conducting a personal or telephonic
interview, an interview request form (PTOL-413A) should be submitted by the
person intending to conduct the interview (MPEP 713.04). Interviews had
not generally been granted persons who lack proper authority from the
principal (37 CFR 1.32(a)(3)) or the attorney or agent of record in the
form of a paper on file in the application, such as a power of attorney or
an authorization to act in a representative capacity (Form PTO/SB/84)
(MPEP 713.05). However, as the interview request form provides for the
practitioner to set forth his or her name, signature and registration
number, the Office will accept this as an indication that he or she is
authorized to conduct an interview on behalf of the principal, which is
consistent with the provisions of 37 CFR 1.34. An interview concerning an
application that has not been published under 35 U.S.C. § 122(b) 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 of 35 U.S.C. § 122(a) (MPEP 405). Practitioners are reminded
that they cannot authorize other registered practitioners to conduct
interviews without the consent of the principal after full disclosure, in
accordance with 37 CFR 10.57(c).
Nothing in this notice authorizes a third party or its representative to
conduct an interview, or take other action not specifically permitted by
the rules of practice (e.g., 37 CFR 1.99, 1.291, and 1.292) in an
application for patent. The use of the provisions of 37 CFR 1.34 by a
third party or its representative to conduct an interview, or take other
action not specifically permitted by the rules of practice in an
application for patent, will be considered a violation of 37 CFR 11.18 and
may result in disciplinary action if done by a practitioner.
MPEP 405, 713.04 and 713.05 will be updated in due course to reflect the
changes made by this notice.
July 16, 2010 DAVID J. KAPPOS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
[1357 OG 254]