# MPEP § 401: U.S. Patent and Trademark Office Cannot Aid in Selection of Patent Practitioner

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S401

## Section

- **Citation:** MPEP § 401
- **Heading:** U.S. Patent and Trademark Office Cannot Aid in Selection of Patent Practitioner
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 0400 - Representative of Applicant or Owner / MPEP § 401

## Text

37 CFR 1.31  Applicant may be represented by one or more patent practitioners or joint
inventors.
An applicant for patent may file and prosecute the applicant's own case,
or the applicant may give power of attorney so as to be represented by one or more
patent practitioners or joint inventors, except that a juristic entity (e.g.,
organizational assignee) must be represented by a patent practitioner even if the
juristic entity is the applicant. The Office cannot aid in the selection of a patent
practitioner.
An applicant who is a juristic entity must be represented by a patent
practitioner. An applicant for patent, other than a juristic entity (e.g., organizational
assignee), may file and prosecute their own application, and thus act as their own
representative (
pro se
) before the Office. See
37 CFR 1.31
. In
presenting (whether by signing, filing, submitting, or later advocating) papers to the
Office, a
pro se
applicant is making the certifications under
37 CFR
11.18(b)
, and may be subject to sanctions under
37 CFR 11.18(c)
for
violations of
37 CFR
11.18(b)(2)
. See
37 CFR 1.4(d)(4)
. See also
MPEP §§
402.03
and
410
.
If patentable subject matter appears to be disclosed in a
pro
se
application and it is apparent that the applicant is unfamiliar with the
proper preparation and prosecution of patent applications, the examiner may suggest to the
applicant that it may be desirable to employ a registered patent attorney or agent, but the
Office cannot aid in selecting a patent practitioner. A listing of registered patent
attorneys and agents is available at
www.uspto.gov/FindPatentAttorney
. Interested parties may also obtain a
list of registered patent practitioners located in their area by writing to the Office of
Enrollment and Discipline (OED) at Mail Stop OED, Director of the U.S. Patent and Trademark
Office, P.O. Box 1450, Alexandria, VA 22313-1450. The examiner should not suggest that
applicant employ a patent practitioner if the application appears to contain no patentable
subject matter
parties may also obtain a
list of registered patent practitioners located in their area by writing to the Office of
Enrollment and Discipline (OED) at Mail Stop OED, Director of the U.S. Patent and Trademark
Office, P.O. Box 1450, Alexandria, VA 22313-1450. The examiner should not suggest that
applicant employ a patent practitioner if the application appears to contain no patentable
subject matter. It is suggested that form paragraph
4.10
be incorporated in an
Office action if the use of a patent practitioner is considered desirable and if patentable
subject matter exists in the application.

## Nearby sections

- [MPEP § 401 U.S. Patent and Trademark Office Cannot Aid in Selection of Patent Practitioner](https://www.frixlaw.com/law-library/statutes/MPEP_S401.md)
- [MPEP § 402 Power of Attorney; Naming Representative](https://www.frixlaw.com/law-library/statutes/MPEP_S402.md)
- [MPEP § 402.01 Limited Recognition in Patent Matters](https://www.frixlaw.com/law-library/statutes/MPEP_S402.01.md)
- [MPEP § 402.02 Appointment of Power of Attorney](https://www.frixlaw.com/law-library/statutes/MPEP_S402.02.md)
- [MPEP § 402.02(a) Appointment in Application Filed On or After September 16, 2012](https://www.frixlaw.com/law-library/statutes/MPEP_S402.02(a).md)
- [MPEP § 402.02(b) Appointment in Application Filed Before September 16, 2012](https://www.frixlaw.com/law-library/statutes/MPEP_S402.02(b).md)
- [MPEP § 402.03 Signature Requirements for Papers Filed in an Application](https://www.frixlaw.com/law-library/statutes/MPEP_S402.03.md)
- [MPEP § 402.04 Acting in a Representative Capacity](https://www.frixlaw.com/law-library/statutes/MPEP_S402.04.md)
- [MPEP § 402.05 Revocation of Power of Attorney](https://www.frixlaw.com/law-library/statutes/MPEP_S402.05.md)
- [MPEP § 402.05(a) Applicant Revocation - Application Filed On or After September 16, 2012](https://www.frixlaw.com/law-library/statutes/MPEP_S402.05(a).md)
- [MPEP § 402.05(b) Applicant Revocation - Application Filed Before September 16, 2012](https://www.frixlaw.com/law-library/statutes/MPEP_S402.05(b).md)
- [MPEP § 402.06 Attorney or Agent Withdraws](https://www.frixlaw.com/law-library/statutes/MPEP_S402.06.md)
- [MPEP § 402.07 Assignee Revocation of Power of Attorney of Applicant and Appointment of New Power of Attorney](https://www.frixlaw.com/law-library/statutes/MPEP_S402.07.md)
- [MPEP § 402.08 Application in Interference or Derivation Proceeding](https://www.frixlaw.com/law-library/statutes/MPEP_S402.08.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S401. Check the current official text before relying on it. Not legal advice.