[Patentpractice] Entity status and representative capacity under § 1.34

[Dan Feigelson]

Submit the POA, along with a cover letter explaining that (a) you're
submitting the POA, (b) there's a change in entity size, and (c) you're
paying whatever fee it is at the appropriate rate. If it's a fee where the
PTO's electronic system will let you choose the exact fee at the
appropriate rate, Bob's your uncle. If the system won't let you choose and
defaults to the wrong rate, then fax a fee authorization form with the
cover letter (which also explains that the POA is being submitted by PC but
the fee authorization is being faxed) and of course, if you're switching to
small entity, don't authorize them to ding your account if the fee is too
small.

Dan

On Wed, Mar 26, 2025 at 12:42 AM Patent Lawyer via Patentpractice <
patentpractice at oppedahl-lists.com> 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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