[Patentpractice] Entity status and representative capacity under § 1.34

[Patent Lawyer]

I need to notify the PTO of loss of entitlement to small entity status for an issued patent for which I am not the attorney of record. 

"The notification that small entity status is no longer appropriate must be signed by a party identified in § 1.33(b) <https://www.ecfr.gov/current/title-37/section-1.33#p-1.33(b)>."  37 CFR 1.27(g)(2) <https://www.ecfr.gov/current/title-37/part-1#p-1.27(g)(2)>

I have authorization and a signed power of attorney, but the entity status has to be changed by tomorrow because a fee is due, so there is no time to get the PTO to act on a power of attorney.  I.e., there is no time to become of record.

Does a signed power of attorney (not recorded in the PTO) give me sufficient authority to act in a representative capacity to sign under 37 CFR 1.33(b)(2) <https://www.ecfr.gov/current/title-37/part-1#p-1.33(b)(2)>?




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