[Patentpractice] Entity status and representative capacity under § 1.34

[Timothy Snowden]

You can submit the POA at the time you take the action, I believe – sort 
of like if you were responding to an office action in an application you 
just took over. They may not have recognized it yet but the POA exists.

Besides, 1.33b item (2) provides for “(2) A patent practitioner not of 
record who acts in a representative capacity under the provisions of § 
1.34” – i.e., you signing it asserts you are properly acting in a 
representative capacity.

On 3/25/2025 5:38 PM, Patent Lawyer via Patentpractice wrote:

> 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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