Can an assignee appoint a power of attorney in a patent application?

An assignee’s ability to appoint a power of attorney in a patent application depends on whether the assignee is the applicant. According to the MPEP:

• An assignee who is the applicant may appoint an effective power of attorney without the need to establish the right to take action under 37 CFR 3.71.
• An assignee who is not the applicant may sign a power of attorney only if the assignee becomes the applicant per 37 CFR 1.46(c), which requires compliance with 37 CFR 3.71 and 3.73.

As stated in the MPEP, “An assignee or obligated assignee who is the applicant may appoint an effective power of attorney without the need to establish the right to take action under 37 CFR 3.71.” However, “An assignee who is not the applicant may sign a power of attorney only if the assignee becomes the applicant per 37 CFR 1.46(c) (which requires compliance with 37 CFR 3.71 and 3.73).”

It’s important to note that an assignee who is not an applicant cannot revoke or appoint a power of attorney in a patent application without first becoming the applicant.

To learn more:

• Power of Attorney
• Assignee
• Patent Application
• Applicant