Where an attorney or agent files a request on behalf of a patent owner, he or she may act under a power of attorney under 37 CFR 1.32, or in a representative capacity under 37 CFR 1.34. In order to act in a representative capacity under 37 CFR 1.34, an attorney or agent must provide his or her registration number, name, and signature. In order to act under a power of attorney from a patent owner, an attorney or agent must be provided with a power of attorney by the patent owner. Pursuant to 37 CFR 1.32(c) a “power of attorney may only name as representative” either one or more inventors or registered patent practitioners. Thus, an attorney or agent representing a patent owner must be a registered patent practitioner. A patent owner may not be represented during a supplemental examination proceeding or any resulting ex parte reexamination proceeding by an attorney or other person who is not registered to practice before the Office.
Any correspondence from the Office will be directed to the patent owner at the address indicated in the file of the patent for which supplemental examination is requested, pursuant to 37 CFR 1.33(c), regardless of the address of the person filing the request. If the patent owner wishes the Office to direct correspondence regarding the supplemental examination proceeding to an address other than the official correspondence address of record in the file of the patent, then the patent owner must file a change of correspondence address in the file of the patent. A change of correspondence address should also be filed in the supplemental examination proceeding. See MPEP § 2805.