Can a non-patent attorney/agent write a patent application for another person?
Interesting quote in the comments (Comment 9) to the NEW rule set I mentioned previously on “Changes to Representation of Others Before the United States Patent and Trademark Office; Final Rule (14Aug2008)” (emphasis added):
Non-practitioners are not entitled to provide legal advice or otherwise practice law. To the extent practice of law includes a law-related service that comprehends any matter connected with the presentation to the Office, the preparation of necessary documents in contemplation of filing the documents with the Office, and communicating with * * * a client concerning matters pending or contemplated to be presented before the Office as in § 11.5(b), a practitioner authorized by relevant law must provide the legal services. For example, consultation with a client in contemplation of filing a patent application or other document with the Office as in § 11.5(b)(1) requires a registered practitioner to provide the services.
Perhaps a warning shot to any companies (including invention promotion firms) that file quick provisional patent applications for inventors that were not drafted by licensed patent practitioners.
Another interesting quote that follows right after the above quote:
A practitioner may not circumvent the Disciplinary Rules through the actions of another. See 37 CFR 10.23(b)(2). For example, a non-practitioner who is neither employed nor retained by the practitioner, or who is not under the supervision of the practitioner, may not assist the practitioner in matters pending or contemplated to be presented to the Office.
Perhaps a warning shot to patent attorneys/agents working with third-party patent application mills as their out-house “patent practitioner” where the communication with the client and drafting is done by the application mill and not the practitioner. I suppose one could argue that the practitioner in such an arrangement is essentially renting his/her license to the third party, merely serving as a “rubber stamp” before filing at the Patent Office.
Thoughts?