What is the difference between a general power of attorney and a limited power of attorney in patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

In patent applications, there are two main types of power of attorney: general and limited. The MPEP 601.02 distinguishes between these as follows:

“A power of attorney may be in the form of a general power of attorney, e.g., to represent the client in all matters before the Office, or limited, e.g., to represent the client in a particular application or in a particular aspect of an application.”

Key differences include:

  • General Power of Attorney: Grants broad authority to represent the client in all matters before the USPTO
  • Limited Power of Attorney: Restricts the attorney’s authority to specific applications or aspects of an application

When deciding between the two, consider the scope of representation needed and any potential conflicts of interest. A limited power of attorney can be useful when working with multiple attorneys or when you want to maintain control over certain aspects of your patent portfolio.

Topics: Patent Law Patent Procedure
Tags: General Power Of Attorney, Limited Power Of Attorney, power of attorney