What happens if there are multiple applicants for a patent and only some give power of attorney?

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 there are multiple applicants for a patent and only some give power of attorney, the USPTO has specific rules to handle the situation. According to MPEP 402:

‘Where a power of attorney is given by fewer than all of the applicants or owners, the power of attorney is not accepted until a petition under 37 CFR 1.36(b) is granted.’

This means:

• The power of attorney is not automatically accepted if not all applicants have signed it.
• A petition under 37 CFR 1.36(b) must be filed and granted for the partial power of attorney to be accepted.
• The petition should explain why it was not possible to obtain signatures from all applicants.
• The Office of Petitions will review the petition and make a determination.

It’s generally recommended to obtain signatures from all applicants to avoid delays and potential issues with the patent application process.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO, visit: USPTO.