MPEP § 402.01 — Limited Recognition in Patent Matters
Ninth Edition, Revision 01.2024 · last revised R-01.2024
37 CFR 11.9 Limited recognition in patent matters.
- (a) Any individual not registered under §11.6 may, upon a showing of circumstances that render it necessary or justifiable and that the individual is of good moral character and reputation, be given limited recognition by the OED Director to prosecute as attorney or agent a specified patent application or specified patent applications. Limited recognition under this paragraph shall not extend further than the application or applications specified. Limited recognition shall not be granted to individuals who have passed the examination or to those for whom the examination has been waived while such individual’s application for registration to practice before the Office in patent matters is pending.
- (b) An individual ineligible to become registered under §11.6 because of their immigration status may be granted limited recognition to practice before the Office in patent matters, provided the U.S. Government authorizes employment or training in the United States for the individual to represent a patent applicant by preparing or prosecuting a patent application, and the individual fulfills the provisions of paragraphs(d) and (e) of this section. Limited recognition shall be granted only for a period consistent with the terms of the immigration status and employment or training authorized. Limited recognition is subject to United States immigration rules, statutes, laws, and regulations. If granted, limited recognition shall automatically terminate if the individual ceases to: lawfully reside in the United States, maintain authorized employment or training, or maintain their immigration status. Limited recognition shall not be granted or extended to a non-U.S. citizen residing outside the United States.
- (c) An individual not registered under §11.6 may, if appointed by an applicant, prosecute an international patent application only before the United States International Searching Authority and the United States International Preliminary Examining Authority, provided that the individual has the right to practice before the national office with which the international application is filed as provided in PCT Art. 49, Rule 90 and § 1.455 of this subchapter, or before the International Bureau when the USPTO is acting as Receiving Office pursuant to PCT Rules 83.1bis and 90.1.
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37 CFR 11.10 Restrictions on practice in patent matters; former and current Office employees; government employees.
Only registered practitioners and individuals granted limited recognition are permitted to prosecute patent applications of others before the Office or represent others in patent proceedings before the Office. See 37 CFR 11.10(a). Persons granted limited recognition are considered practitioners under 37 CFR 11.1 and thus permitted to perform the same patent prosecution functions of registered patent agents and registered patent attorneys when prosecuting a specified patent application or specified patent applications. See 37 CFR 11.5(b)(1). This includes the filing of (A) a power of attorney (37 CFR 1.32(b)(4)), (B) a document granting access to an application (37 CFR 1.14(c)), (C) a change of correspondence address (37 CFR 1.33(a)), (D) a terminal disclaimer (37 CFR 1.321(b)(1)), or (E) a request for an express abandonment (37 CFR 1.138(b)). However, persons granted limited recognition are still subject to the restrictions expressed in their grant, including temporal, employer, and visa limitations.
If a request for limited recognition under 37 CFR 11.9 accompanies the application, the Office of Patent Application Processing will forward the file to the Director of the Office of Enrollment and Discipline.
See MPEP § 1807 for representation in international applications (PCT) and MPEP § 2911 for representation in international design applications.
Cited authority
- 37 CFR 11.6 Registration of attorneys and agents
- 37 CFR 11.9 Limited recognition in patent matters
- PCT Article 49 Right to Practice Before International Authorities
- PCT Rule 90 Agents and Common Representatives
- 37 CFR 1.455 Representation in international applications
- PCT Rule 83 Right to Practice before International Authorities
- 37 CFR 11.16 Requirements for admission to the USPTO Law School Clinic Certification Program
- 37 CFR 41.5 Counsel
- 37 CFR 42.10 Counsel
- 37 CFR 11.10 Restrictions on practice in patent matters; former and current Office employees; government employees
- 37 CFR 11.1 Definitions
- 37 CFR 11.5 Register of attorneys and agents in patent matters; practice before the Office
- 37 CFR 1.32 Power of attorney
- 37 CFR 1.14 Patent applications preserved in confidence
- 37 CFR 1.33 Correspondence respecting patent applications, reexamination proceedings, and other proceedings
- 37 CFR 1.321 Statutory disclaimers, including terminal disclaimers
- 37 CFR 1.138 Express abandonment
- 1807 Agent or Common Representative and General Power of Attorney
- 2911 Representation