Limited Recognition in Patent Matters

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.

s 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

.

*****

37 CFR 11.10 Restrictions on practice in patent matters;

former and current Office employees; government employees.

(a) Only practitioners registered under §

11.6

; individuals given limited recognition under §

11.9(a)

or

(b)

or §

11.16

; or

individuals admitted pro hac vice as provided in §

41.5(a)

or

42.10(c)

of this chapter are permitted to represent

others before the Office in patent matters.

*****

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)

e 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.