What happens to the power of attorney when an inventor is added to a pre-AIA patent application?

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.

When an inventor is added to a pre-AIA patent application through a 37 CFR 1.48 request, it can affect the existing power of attorney. According to MPEP 402.05(b):

If the power of attorney was granted by the originally named inventive entity and an added inventor pursuant to § 1.48 does not provide a power of attorney consistent with the power of attorney granted by the originally named inventive entity, the addition of the inventor results in the loss of that power of attorney upon grant of the § 1.48 request.

This means that if a new inventor is added and doesn’t provide a power of attorney consistent with the original one, the original power of attorney is lost. However, this doesn’t prevent a practitioner from acting under 37 CFR 1.34, which allows for acting in a representative capacity.