# MPEP § 402.01: Limited Recognition in Patent Matters

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S402.01

## Section

- **Citation:** MPEP § 402.01
- **Heading:** Limited Recognition in Patent Matters
- **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 § 402.01

## Text

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.

## 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_S402.01. Check the current official text before relying on it. Not legal advice.
