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2613 Representative of Requester [R-7] - 2600 Optional Inter Partes Reexamination
2613 Representative of Requester [R-7]
37 CFR 1.915 Content of request for inter partes reexamination.
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(c) **>If an inter partes request is filed by an attorney or agent identifying another party on whose behalf the request is being filed, the attorney or agent must have a power of attorney from that party or be acting in a representative capacity pursuant to § 1.34.<
Where an attorney or agent files a request for an inter partes reexamination for an identified client (the third party requester), he or she may act under a power of attorney from the client or may act in a representative capacity under 37 CFR 1.34*. See 37 CFR 1.915(c). While the filing of the power of attorney is desirable, processing of the reexamination request will not be delayed due to its absence.
>In order to act in a representative capacity under 37 CFR 1.34, an attorney or agent must set forth his or her registration number, his or her name and signature. In order to act under a power of attorney from a requester, an attorney or agent must be provided with a power of attorney. 37 CFR 1.32(c) provides that a "power of attorney may only name as representative" the inventors or registered patent practitioners. Thus, an attorney or agent representing a requester must be a registered patent practitioner.<
If any question of authority to act is raised, proof of authority may be required by the Office.
All correspondence for a third party requester **>is< addressed to the representative of the requester, unless a specific indication is made to forward correspondence to another address.
A third party requester may not be represented during a reexamination proceeding by an attorney or other person who is not registered to practice before the Office.
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