37 C.F.R. § 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.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2008–2026 · leading case: Wright v. Rinaldo, 761 N.W.2d 114 (Mich. Ct. App. 2008).
Wright v. Rinaldo, 761 N.W.2d 114 (Mich. Ct. App. 2008). “[37 CFR 1.34.] On August 29, 2000, Rinaldo filed with the USPTO an amendment of plaintiff's patent.”
Ropes & Gray LLP v. Jalbert, 93 U.S.P.Q. 2d (BNA) 1146 (Mass. 2009). “” 37 C.F.R. § 1.34 (2008). Here, no party has disputed the fact that Ropes & Gray was authorized to appear before the USPTO in patent prosecution work on behalf of the debtors.”
BlueRadios, Inc. v. Hamilton, Brook, Smith & Reynolds, P.C. (1st Cir. 2026). “True, but when held against the "totality of the circumstances" (including, in filing applications on BlueRadios' behalf, a representation that HBSR "is authorized to represent the particular party on whose behalf he or she acts," 37 C.F.R. § 1.34 ), that one fact cannot save…”
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