Can the requirement for a separate power of attorney be waived in international patent applications?
Yes, the requirement for a separate power of attorney can be waived in certain circumstances for international patent applications. According to MPEP 1807:
“Pursuant to PCT Rules 90.4(d) and 90.5(c), which are applicable to international applications having an international filing date on or after January 1, 2004, the receiving Office, International Bureau, International Searching Authority and International Preliminary Examining Authority may waive the requirement for a separate power of attorney or copy of the general power of attorney in all cases except with respect to notice of withdrawals under PCT Rule 90bis“
The USPTO, when acting in its various capacities, will in most cases waive this requirement. However, there are exceptions:
- When dealing with notices of withdrawal
- When an agent’s authority to act is in doubt
- When waiver could result in harm to an applicant
It’s important to note that even if the general requirement is waived, a separate power of attorney may still be required in specific situations.
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