AIPLA Comments on Changes to Duration of Attorney Recognition

Arlington, VA. October 6, 2023 - The American Intellectual Property Law Association (AIPLA) submitted comments to the US Patent and Trademark Office (USPTO) on their recent proposal on the changes to the duration of attorney recognition.

The comments express support for the first proposed revision to the duration of recognition to allow recognition as to a pending application or registration to continue until the applicant, registrant, or party to a proceeding revokes the power of attorney or the attorney withdraws from representation. However, it raises concerns about the second proposed revision, which involves removing attorney information from the record. AIPLA points out potential issues, such as missed response deadlines, the burden and cost on practitioners when filing for reinstatement as attorneys of record, and increased risk of exploitation by fraudulent parties. To mitigate these concerns, the comments recommend not completely removing attorney information until it can be captured and saved in USPTO databases, with procedures in place for attorneys to confirm their continued representation. The comments also suggest making withdrawal or re-recognition easier through the use of new forms and optional checkboxes. Ultimately, AIPLA appreciates the opportunity to provide these comments and looks forward to further discussions with the USPTO on these issues.

To view the complete comments, please download the comment letter posted to the right of this page.