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Power of legal professional | Patent-O

If you are In-house patent attorney / agent pursuing cases Do you still have to submit a power of attorney for your employer customer? I note that in a good percentage of cases a registered patent specialist is listed as the correspondence address in the application data sheet and that the USPTO is allowed to pursue the case without the name of his client. However, no power of attorney has been deposited with the USPTO.

My question above focuses on internal legal assistance. I will note that I also find that this practice is quite common even in cases where an outside attorney represents the patent applicant (~ 10% of applications).

Examples:

  • Application No. 16 / 381,289 – Barnes & Thornburg pursued this patent application until granted on behalf of the applicant (Hill-Rom). The file does not contain any power of attorney or storage of assignment documents.
  • Application No. 14 / 986,530 – Infinera’s in-house attorney pursued this application. No power of attorney registered.
  • Application No. 16 / 381,279 – Iandiorio Teska & Coleman are pursuing this patent application on behalf of the applicant (National Lumber). No power of attorney registered.
  • Application No. 16 / 340,010 – The IP firm Budzyn has prosecuted this application on behalf of the owner (Armstrong Flooring). In this case, no power of attorney is recorded.

(Note – these were only the first cases I happened to call up).

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