[Patentpractice] Entity status and representative capacity under § 1.34

[Randall Svihla]

Yes. See 37 CFR 1.34:

1.34 Acting in a representative capacity.
When a patent practitioner acting in a representative capacity appears in person or signs a paper in practice before the United States Patent and Trademark Office in a patent case, his or her personal appearance or signature shall constitute a representation to the United States Patent and Trademark Office that under the provisions of this subchapter and the law, he or she is authorized to represent the particular party on whose behalf he or she acts.  In filing such a paper, the patent practitioner must set forth his or her registration number, his or her name and signature.  Further proof of authority to act in a representative capacity may be required.

However, you cannot use the entity status update function in Patent Center to update the entity status immediately if you do not have power of attorney in the application.  You will have to file the Change of Entity Status in Patent Center and wait for the USPTO to process it.  It may take a day or two.  They're usually pretty quick about it.

I assume this is a maintenance fee?  Is tomorrow the last day to pay with a surcharge or without a surcharge?

Best regards,

Randall S. Svihla
NSIP Law
Washington, D.C.


From: Patentpractice <patentpractice-bounces at oppedahl-lists.com> On Behalf Of Patent Lawyer via Patentpractice
Sent: Tuesday, March 25, 2025 6:38 PM
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Subject: [Patentpractice] Entity status and representative capacity under § 1.34

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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