How can an associate power of attorney be given in applications filed before September 16, 2012?
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.
For applications filed before September 16, 2012, an associate power of attorney can be given by a principal attorney or agent to one or more associate attorneys or agents. According to MPEP 402.02(b):
“For applications filed before September 16, 2012, a power of attorney may be given to one or more attorneys or agents. (37 CFR 1.32(c)(1)). A principal attorney or agent may appoint an associate attorney or agent.”
The associate power of attorney must be signed by the principal attorney or agent who was appointed in the application. It’s important to note that the associate power does not have to be approved by the Office and becomes effective upon submission.