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OCR transcription for search; preserved printed pages are authoritative

Section 6. REPRESENTATIVE OF INVENTOR OR OWNER

6-1.

Attorney

-1-1.

Patent Office comnot ala in selection of attorney

-1-2.

Powor of Attorney

-1-3.

Unregistered Attorney may appoint a registered Attorney

-1-4.

Exceptions as to registration

-1-5.

Correspondence heid with Associate Attorney

-1-6.

Examiner must notify Associate of revocation

-1-7.

"Substitute" will be considered Asso- ciate

-1-8.

Power of Attorney filed after application is filed

-1-9.

Assignee can revoke power of Attornoy of applicant

-1-10.

Revocation

-1-11.

Conflicting parties living sume attorney

-1-12.

Two attorneys for sine application

-1-15.

Death of inventor

-1-14.

kto prog withdraws

-1-1' .

"faking file for papers fra :. division

- 1 -1 ...

Death E Attorney

-1-1,.

Diclairred Attorney

-1-10.

Attorney not of record

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-1-19.

Power of Attorney to a firm

-1-20.

Firm of Attorneys changes name

-1-21.

Representatives of out-of-town attorneys

-2.

Prosecution by Administrator or Executor

-2-1.

Proof of authority to be of record

-2-2.

Abstract of title in reissue

-2-3.

After administrator or executor has been discharged

-2-4.

Exceptions in some foreign countries

-2-5.

If applicant of assigned application dies

-2-6.

Intervention of executor not compulsory

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# 6. REPRESENTATIVE OF INVENTOR OR OWNER

6-1.

## Attorney

### 6-1-1. Patent Office Cannot Aid In Selection of Attorney

An applicant for patent may file und prosecute
his own case, or he may be represented by an attorney or
agent authorized to practice before the Patent Office in
patent cases. The Patent Office cannot aid in the selec-
tion of an attorney or agent.

Before any attorney or agent, original or associate,
will be allowed to inspect papers or take uction of any kind
in any application or proceeding, a written power of attorney
or authorization must be filed in that particular application
or proceeding.

6-1-2.
Power of Attorney

Usually a power of attorney is made a part of the
petition. In order that this power may be valid, the attor-
ney or agent appointed must be registered. If the designated
attorney is not registered, the Chief of the Application
Branch stamps a notice to that effect on the margin, and such
legend is also stamped beneath the name of the attorney on
the file wrapper. In such case, and where, for any other
reason, the power of attorney is invalid, a statement of that
fact should be made, and the reason for the invalidity pointed
out in the first Office letter. This letter is sent to the
attorney, but he is informed that unless his power is validated
no further correspondence will be held with him nor will any
communication from his in relation to the case be accepted.

6-1-3.
Dureristored Attorney May Appoint
A Registered Attorney

An unregisteret attorney may, however, appoint n
registered attorney to act as his associate.
6-1-4
Exceptions As wa Registration

Special recognition may be given a person or firm,
not registered, to prosecute certain specified application
of appli - tida upon a showing of circumstances that justify
Buch Pcapmition

sometimes in a joint application one of the co-inven-
tors gives to the ather the power of attorney in the ense.
Such power will be recognized even though the one to whom

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it is given is not registered. If the legend "unregistered"
is applied on the file jacket, it should be ignored by the
Examiner,

#### 6-1-5. Correspondence Held with Associate Attorney

Where the attorneys bear relation of principal attor-
ney and associate attorney, the correspondence will be had
with the associate attorney unless the principal attorney
directs otherwise. Ex parte Eggan, 1911 C.D. 213; 172 O.G.
1091.

#### 6-1-6. Examiner Must Notify Associate of Revocation

Associate attorneys whose powers have been revoked,
must be formally notified of such revocation by the Examiner.

#### 6-1-7. "Substitute" Will Be Considered Associate

When the attorney appointed by an applicant appoints
a "substitute" attorney, such "substitute" attorney shall be
considered the associate of the principal attorney. The name
of the principal attorney will be left on the file and his
responsibility to the applicant shall not be considered as
having been discharged. In any case where the membership
of a firm of attorneys is changed and the new firm is sub-
stituted for the old, the original firm name may be cancelled
from the file.

#### 6-1-8. Power of Attorney Filed After Application is Filed

Powers of principal and associated attorneys filed
after the receipt of the application in the examining divisions
are entered on the face of the file by the Clerk of the divi-
sion ..

##### 6-1-9. Assignee Can Revoke Power of Attorney of Applicant

A power of attorney by the assignee of whole interest,
if the assignment is recorded in the Office, revokes all
powers given by applicant.

6-1-10.
Revocation

Upon revocation of the power of the principal attorney
appropriate notification is sent by the Docket Branch.

Revocation of the power of the principal attorney revokes
powers granted by him to other attorneys.

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Revocation of the power of attorney becomes effective
on the date that the revocation is RECEIVED in the Office
(in contradistinction to the date of ACCEPTANCE) .

###### 6-1-11. Conflicting Parties Having Same Attorney

Rule 23.8 Conflicting parties having
same attorney Whenever it shall be found
that two or more parties whose interests
appear to be in conflict are represented by
the same attorney or agent. the Examiner shall
notify each of said principal parties and the
attorney or agent of this fact, and shall also
call the matter to the attention of the
Commissioner If conflicting interests appear
the attorney or agent will not be recognized
to represent the parties whose interest are
in conflict in further proceedings before the
Patent Office.

###### 6-1-12. Two Attorneys for Same Application

If applicant simultaneously appoints two principal
attorneys he should indicate with which correspondence is
to be conducted .. If one is a local attorney and applicant
fails to indicate either attorney, correspondence will be
conducted with local attorney. If a second attorney is later
appointed by applicant, without revocation of the power of
the first attorney, the name of the second attorney is
entered on the face of the file ( Ex parte Eggan, 1911 C.D.
213; 172 O.G. 1091) with notation that the Office letters
are to be sent to him.

6-1-13
Death of Inventor

Gener lly speaking the death of the inventor termi-
nates the power of attorney. Hence, on amendment signed by
the attorney after the death of the inventor should be
ratified by the heart administrators or aggifts. Such an
amendment may, hepvar save the case from abandonment. it
is therefore entered and ratification 's called for together
with proof of authority of the one ratifying the action.
See In re Maviliatt, 1912 C.D 490. 179 0.0. 853

6-1-14
A'Foiby Withdr :0g

When ad altomay withdrawn from a case, the applicant,
(or assigseeif he has interven should be notified of the
fact and, where the case is nuniting netion by applicant,
also informed when next action Le applicant will be necessary
to save the date from the abend

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##### 6-1-15. Taking Files or Papers from A Division

Attorneys and other authorized persons may have the
file and drawing sent to the Record Room for their inspec-
tion, but care must be taken that the persons so ordering
the files and drawings have proper authority. in this con-
nection, it is to be noted that no references, files, draw-
ings, or papers pertaining thereto are to be taken out of
the division by one who is not a member of the division
without a charge being left therefor on the Clerk's desk;
nor may one not emploved in the Patent Office be permitted
to take from the division any such official document, what-
ever may be his authority in the case

6-1-16.
Death of Attorney

When, after the death of the attorney of record, an
amendment is filed by an attorney whose power is not of
record, the amendment should be placed in the file and the
applicant and the attorney who filed the amendment should be
notified that it cannot be entered unless it is promptly
ratified by the applicant or by an attorney whose power has
been made of record at the time of such ratification.

If the ratification is promptly filed, the amendment
should be entered as of the date on which the amendment was
filed. 610 O.G. 503.

In carrying out these instructions, Primary Examiners
should not set a definite time within which ratification
must be filed, but the word "promptly" as used above should
be used in the notification. The question of promptness or
undue delay in ratification should be left for determination
when the ratification is filed and the question of entry of
the amendment arises. In forming a judgment as to whether
any particular ratification has been filed promptly, con-
sideration should be given to the place of residence of the
applicant and other pertinent circumstances.

6-1-17.
Disbarred Attorney

Patent office employees are forbidden to hold either
oral or written communication with a disbarred attorney re-
garding an application unless it be one in which said attor-
ney is the applicant. rower to inspect given a disbarred
attorney will not be accepted by the Examiner ..

6-1-18.
Attorney Not of Record

when an amendment is filed, signed by an attorney
whose power is not of record, see 10-2-6.

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6-1-19.
Power of Attorney To A Firm

Where a power of attorney is given to n firm, see
10-2-8.

6-1-20.
Firm of Attorneys Changes Name

Where a firm having power of attorney in a case
changes its firm name, due to the addition of a new member
or the withdrawal of one of the members for example, the
prosecution of the case may be continued in the name of the
original firm, whore desired, thus obviating the necessity
of filing a new power of attorney.

##### 6-1-21. Representatives of Out-of-town Attorneys

Many attorneys have offices or representatives in
Washington and it sometimes expedites business to interview
them concerning an application. When the Examiner believes
the progress of the application would be advanced thereby,
he should call the attorney in the case by telephone and
ask him to come to the Office. An informal list of Washing-
ton representatives of out-of-town attorneys is kept in the
Office of the Clerk in charge of the attorney's roster.

#### 6-2. Prosecution by Administrator or Executor

6-2-1.
Proof of Authority to be of Record

Whenever, because of the death of an inventor, the
right of applying for and obtaining a patent for an inven-
tion devolves upon an executor or administrator, or when-
ever on executor or administrator desires to Intervene
prior to the granting of a patent, proof of the authority
of such executor or administrator should in all enses be
made of record in the assignment records of this office
by record ne o certificate of the clerk of a competent
court or of the register of wills that said executor or
administrator has been appointed and that his appointment
is still in full force and effect. such certificate shall
be signed by an officer and authenticated by the send of
the court be which the sun was issued .

should uch certificate of appointment be found to
be insufficient for any reason, there may be required to
ie recorded : certified and properly authent lent & copy
of the letters testamentary or of the letters of admini-
stration, in order that the scope of authority of the
persons who seek to intervene may be a matter of record
in this office.

in order to insure the proper issuance of patents and

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in the interest of uniformity of practice, all applications
filed by an executor or administrator or in which an execu-
tor or administrator has intervened or in which the death
of the inventor has been suggested, are referred to the
assignment branch to ascertain whether proper authority is
of record, and of administration in such case before
finally passing the case to issue.

In any case in which the Chief of the Assignment
Branch reports that the authority of the executor or
administrator of record in the case is insufficient, the
examiner will require the recording in the Assignment
Branch of a certificate of such appointment or a cer-
tified copy of letters testamentary or of letters of
administration in such case before finally passing the
case to issue .

(-2-2.
Abstract of Title in Reissue

Before passing a reissue application to issue,
the file is forwarded to the Assignment Branch in order
that the abstract of title forming part of the file re-
cord may be brought down to the latest date so that the
examiner may ascertain therefrom whether the chain of
title in the same is complete and to insure the granting
of the reissue to the legal owner as required by Sec. 4916
R.S. This applies also to cases of insane persons arising
under Soc. 4896 R. S.

##### 6-2-3. After Administrator Or Executor Has Been Discharged

When an Administrator or Executor has performed
his functions and been discharged and it is desired to
make an application for an invention of the deceased, it
is necessary for the Administrator or Executor to take out
new letters of administration in order that he may file a
new application of the deceased inventor. Since the law
requires that the application to be made by the inventor
or, by his legal representative, the heirs merely as such
are not legally competent to sign the application.

6-2-4.
Exception In Some Foreign Countries

The terms "Executor" and Administrator" do not
find an exact conterpart in all foreign countries and the
procedure is governed by the necessity of construing those
terms to fit the circumstances of the case. Hence the per-
son or persons having authority corresponding to that of
Executor or Administrator are permitted to make ap lica-
tion as, for example, the heirs in German ;. The authority
of such person or persons must be proved by certificate
of a diplomatic or consular officer of the United States.

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##### 6-2-5. If Applicant of Assigned Application Dies

Where an applicant carrying on the prosecution of
an application efter assignment dies, his administrator
may carry on the prosecution on filing letters of admin-
istration unless and until the assignee intervenes.

6-2-6.
Intervention of Executor Not Compulsory

When an inventor dies after filing an application
the exeentor or administrator should intervene, but the
allowance of the application will not be withheld nor the
application withdrawn from the issue if the executor or
administrator does not intervenc.