MPEP § 402.10 — Appointment/Revocation by Less Than All Applicants or Owners (Annotated Rules)

§402.10 Appointment/Revocation by Less Than All Applicants or Owners

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 402.10, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Appointment/Revocation by Less Than All Applicants or Owners

This section addresses Appointment/Revocation by Less Than All Applicants or Owners. Primary authority: 37 CFR 1.36(a), 37 CFR 1.17(f), and 37 CFR 1.183. Contains: 5 requirements, 1 guidance statement, and 4 other statements.

Key Rules

Topic

POA Form Requirements

3 rules
StatutoryInformativeAlways
[mpep-402-10-a51e17ab719eb340162cc7a0]
All Applicants Must Sign POA Forms
Note:
Papers giving or revoking a power of attorney in an application require signatures from all applicants or owners, unless accompanied by specific petitions and fees demonstrating extraordinary situations.

Papers giving or revoking a power of attorney in an application generally require signature by all the applicants or owners of the application. Papers revoking a power of attorney in an application will not be accepted by the Office when signed by less than all of the applicants or owners of the application unless they are accompanied by a petition under 37 CFR 1.36(a) and fee under 37 CFR 1.17(f) with a showing of sufficient cause. Papers giving a power of attorney in an application will not be accepted by the Office when signed by less than all of the applicants or owners of the application unless they are accompanied by a petition under 37 CFR 1.183 and fee under 37 CFR 1.17(f) demonstrating the extraordinary situation where justice requires waiver of the requirement of 37 CFR 1.32(b)(4). The petition should be directed to the Office of Petitions. The appointment and/or revocation are not accepted until the petition under 37 CFR 1.36(a) or 1.183 is granted. Therefore, the attorney or agent newly appointed by such papers is not permitted to submit any documents (such as an information disclosure statement (IDS)) into the application file until the petition under 37 CFR 1.36(a) or 1.183 is granted. The acceptance of such papers by petition under 37 CFR 1.36(a) or 1.183 will result in more than one attorney, agent, applicant, or owner prosecuting the application at the same time. Therefore, each of these parties must sign all subsequent replies submitted to the Office. See In re Goldstein, 16 USPQ2d 1963 (Dep. Assist. Comm’r Pat. 1988).

Jump to MPEP Source · 37 CFR 1.36(a)POA Form RequirementsPower of Attorney RequirementsPower of Attorney
StatutoryRequiredAlways
[mpep-402-10-fea6b8f05d3265305dc467e8]
Requirement for Power of Attorney Form
Note:
The rule requires that an assignee who has signed the declaration may appoint or revoke a power of attorney without a petition, but a nonsigning inventor joining the application must submit a petition under 37 CFR 1.36(a) or 1.183.

In an application filed under pre-AIA 37 CFR 1.47(a), an assignee of the entire interest of the available inventors (i.e., the applicant) who has signed the declaration may appoint or revoke a power of attorney without a petition under 37 CFR 1.36(a) or 1.183. See MPEP § 402.07. However, in applications accepted under pre-AIA 37 CFR 1.47, such a petition under 37 CFR 1.36(a) or 1.183 submitted by a previously nonsigning inventor who has now joined in the application will not be granted. See MPEP § 409.03(i). Upon accepting papers appointing and/or revoking a power of attorney that are signed by less than all of the applicants or owners, the Office will indicate to applicants who must sign subsequent replies. Double correspondence will still not be permitted. Accordingly, when the acceptance of such papers results in an attorney or agent and at least one applicant or owner prosecuting the application, correspondence will be mailed to the attorney or agent. When the acceptance of such papers results in more than one attorney or agent prosecuting the application, the correspondence address will continue to be that of the attorney or agent first named in the application, unless all parties agree to a different correspondence address. Each attorney or agent signing subsequent papers must indicate whom he or she represents.

Jump to MPEP Source · 37 CFR 1.47(a)POA Form RequirementsAssignee as Applicant SignatureApplicant and Assignee Filing Under AIA
StatutoryRequiredAlways
[mpep-402-10-cf22a3b0203b177c09591420]
Patent Practitioner and Coinventor Must Sign Replies
Note:
When one coinventor has given a power of attorney to a patent practitioner while the other has not, both must sign any replies.

The following are examples of who must sign replies when there is more than one person responsible for prosecuting the application (A) If coinventor A has given a power of attorney to a patent practitioner and coinventor B has not, replies must be signed by the patent practitioner of A and by coinventor B.

Jump to MPEP SourcePOA Form RequirementsPower of Attorney SignaturePower of Attorney Requirements
Topic

Access to Correspondence

3 rules
StatutoryInformativeAlways
[mpep-402-10-2713e9d3549b40e3a2a3c54f]
Revocation Requires All Applicants' Signature Or Petition
Note:
Papers revoking a power of attorney require signatures from all applicants unless accompanied by a petition and fee with sufficient cause.

Papers giving or revoking a power of attorney in an application generally require signature by all the applicants or owners of the application. Papers revoking a power of attorney in an application will not be accepted by the Office when signed by less than all of the applicants or owners of the application unless they are accompanied by a petition under 37 CFR 1.36(a) and fee under 37 CFR 1.17(f) with a showing of sufficient cause. Papers giving a power of attorney in an application will not be accepted by the Office when signed by less than all of the applicants or owners of the application unless they are accompanied by a petition under 37 CFR 1.183 and fee under 37 CFR 1.17(f) demonstrating the extraordinary situation where justice requires waiver of the requirement of 37 CFR 1.32(b)(4). The petition should be directed to the Office of Petitions. The appointment and/or revocation are not accepted until the petition under 37 CFR 1.36(a) or 1.183 is granted. Therefore, the attorney or agent newly appointed by such papers is not permitted to submit any documents (such as an information disclosure statement (IDS)) into the application file until the petition under 37 CFR 1.36(a) or 1.183 is granted. The acceptance of such papers by petition under 37 CFR 1.36(a) or 1.183 will result in more than one attorney, agent, applicant, or owner prosecuting the application at the same time. Therefore, each of these parties must sign all subsequent replies submitted to the Office. See In re Goldstein, 16 USPQ2d 1963 (Dep. Assist. Comm’r Pat. 1988).

Jump to MPEP Source · 37 CFR 1.36(a)Access to CorrespondencePOA Form RequirementsPetition Procedures (MPEP 1002)
StatutoryRecommendedAlways
[mpep-402-10-59d5fee69d3a2622c297163e]
Petition Required for Less Than All Applicants or Owners
Note:
A petition must be directed to the Office of Petitions when giving or revoking a power of attorney with less than all applicants or owners.

Papers giving or revoking a power of attorney in an application generally require signature by all the applicants or owners of the application. Papers revoking a power of attorney in an application will not be accepted by the Office when signed by less than all of the applicants or owners of the application unless they are accompanied by a petition under 37 CFR 1.36(a) and fee under 37 CFR 1.17(f) with a showing of sufficient cause. Papers giving a power of attorney in an application will not be accepted by the Office when signed by less than all of the applicants or owners of the application unless they are accompanied by a petition under 37 CFR 1.183 and fee under 37 CFR 1.17(f) demonstrating the extraordinary situation where justice requires waiver of the requirement of 37 CFR 1.32(b)(4). The petition should be directed to the Office of Petitions. The appointment and/or revocation are not accepted until the petition under 37 CFR 1.36(a) or 1.183 is granted. Therefore, the attorney or agent newly appointed by such papers is not permitted to submit any documents (such as an information disclosure statement (IDS)) into the application file until the petition under 37 CFR 1.36(a) or 1.183 is granted. The acceptance of such papers by petition under 37 CFR 1.36(a) or 1.183 will result in more than one attorney, agent, applicant, or owner prosecuting the application at the same time. Therefore, each of these parties must sign all subsequent replies submitted to the Office. See In re Goldstein, 16 USPQ2d 1963 (Dep. Assist. Comm’r Pat. 1988).

Jump to MPEP Source · 37 CFR 1.36(a)Access to CorrespondenceDirector Authority and Petitions (MPEP 1000)POA for Joint Applicants
StatutoryRequiredAlways
[mpep-402-10-e371780a1b6e641936737623]
Papers Giving or Revoking Power of Attorney Require Petition Approval
Note:
Attorney or agent cannot submit documents until petition under 37 CFR 1.36(a) or 1.183 is granted, and all parties must sign subsequent replies.

Papers giving or revoking a power of attorney in an application generally require signature by all the applicants or owners of the application. Papers revoking a power of attorney in an application will not be accepted by the Office when signed by less than all of the applicants or owners of the application unless they are accompanied by a petition under 37 CFR 1.36(a) and fee under 37 CFR 1.17(f) with a showing of sufficient cause. Papers giving a power of attorney in an application will not be accepted by the Office when signed by less than all of the applicants or owners of the application unless they are accompanied by a petition under 37 CFR 1.183 and fee under 37 CFR 1.17(f) demonstrating the extraordinary situation where justice requires waiver of the requirement of 37 CFR 1.32(b)(4). The petition should be directed to the Office of Petitions. The appointment and/or revocation are not accepted until the petition under 37 CFR 1.36(a) or 1.183 is granted. Therefore, the attorney or agent newly appointed by such papers is not permitted to submit any documents (such as an information disclosure statement (IDS)) into the application file until the petition under 37 CFR 1.36(a) or 1.183 is granted. The acceptance of such papers by petition under 37 CFR 1.36(a) or 1.183 will result in more than one attorney, agent, applicant, or owner prosecuting the application at the same time. Therefore, each of these parties must sign all subsequent replies submitted to the Office. See In re Goldstein, 16 USPQ2d 1963 (Dep. Assist. Comm’r Pat. 1988).

Jump to MPEP Source · 37 CFR 1.36(a)Access to CorrespondenceAccess to IDS DocumentsAccess to Specific Document Types
Topic

POA for Joint Applicants

3 rules
StatutoryInformativeAlways
[mpep-402-10-6952e433e49b51e4e51e10b6]
Papers Requiring All Applicants' Signatures
Note:
Papers giving or revoking a power of attorney in an application must be signed by all applicants unless accompanied by specific petitions and fees demonstrating extraordinary situations.

Papers giving or revoking a power of attorney in an application generally require signature by all the applicants or owners of the application. Papers revoking a power of attorney in an application will not be accepted by the Office when signed by less than all of the applicants or owners of the application unless they are accompanied by a petition under 37 CFR 1.36(a) and fee under 37 CFR 1.17(f) with a showing of sufficient cause. Papers giving a power of attorney in an application will not be accepted by the Office when signed by less than all of the applicants or owners of the application unless they are accompanied by a petition under 37 CFR 1.183 and fee under 37 CFR 1.17(f) demonstrating the extraordinary situation where justice requires waiver of the requirement of 37 CFR 1.32(b)(4). The petition should be directed to the Office of Petitions. The appointment and/or revocation are not accepted until the petition under 37 CFR 1.36(a) or 1.183 is granted. Therefore, the attorney or agent newly appointed by such papers is not permitted to submit any documents (such as an information disclosure statement (IDS)) into the application file until the petition under 37 CFR 1.36(a) or 1.183 is granted. The acceptance of such papers by petition under 37 CFR 1.36(a) or 1.183 will result in more than one attorney, agent, applicant, or owner prosecuting the application at the same time. Therefore, each of these parties must sign all subsequent replies submitted to the Office. See In re Goldstein, 16 USPQ2d 1963 (Dep. Assist. Comm’r Pat. 1988).

Jump to MPEP Source · 37 CFR 1.36(a)POA for Joint ApplicantsExamples of WaiversStandard for Waiver
StatutoryRequiredAlways
[mpep-402-10-14ea638f89221e8b70d77428]
Each Attorney or Agent Must Represent Whom They Sign For
Note:
Attorneys or agents signing subsequent papers must indicate whom they represent to comply with the rule.

In an application filed under pre-AIA 37 CFR 1.47(a), an assignee of the entire interest of the available inventors (i.e., the applicant) who has signed the declaration may appoint or revoke a power of attorney without a petition under 37 CFR 1.36(a) or 1.183. See MPEP § 402.07. However, in applications accepted under pre-AIA 37 CFR 1.47, such a petition under 37 CFR 1.36(a) or 1.183 submitted by a previously nonsigning inventor who has now joined in the application will not be granted. See MPEP § 409.03(i). Upon accepting papers appointing and/or revoking a power of attorney that are signed by less than all of the applicants or owners, the Office will indicate to applicants who must sign subsequent replies. Double correspondence will still not be permitted. Accordingly, when the acceptance of such papers results in an attorney or agent and at least one applicant or owner prosecuting the application, correspondence will be mailed to the attorney or agent. When the acceptance of such papers results in more than one attorney or agent prosecuting the application, the correspondence address will continue to be that of the attorney or agent first named in the application, unless all parties agree to a different correspondence address. Each attorney or agent signing subsequent papers must indicate whom he or she represents.

Jump to MPEP Source · 37 CFR 1.47(a)POA for Joint ApplicantsPOA Form RequirementsAssignee as Applicant Signature
StatutoryRequiredAlways
[mpep-402-10-dc0f5bfe36918e02279c8d37]
Patent Practitioner and Coinventor Signatures Required for Replies
Note:
When multiple coinventors are prosecuting an application, their respective patent practitioners must sign replies if one has given a power of attorney while the other has not.
The following are examples of who must sign replies when there is more than one person responsible for prosecuting the application:
  • (A) If coinventor A has given a power of attorney to a patent practitioner and coinventor B has not, replies must be signed by the patent practitioner of A and by coinventor B.
  • (B) If coinventors A and B have each appointed their own patent practitioner, replies must be signed by both patent practitioners.
Jump to MPEP SourcePOA for Joint ApplicantsPOA Form RequirementsPower of Attorney Signature
Topic

Examples of Waivers

1 rules
StatutoryInformativeAlways
[mpep-402-10-fd263a7973b6eee1aec0a7a2]
Petition for Waiving Power of Attorney Requirement
Note:
A petition under 37 CFR 1.183 and fee are required to waive the requirement that all applicants or owners sign papers giving a power of attorney.

Papers giving or revoking a power of attorney in an application generally require signature by all the applicants or owners of the application. Papers revoking a power of attorney in an application will not be accepted by the Office when signed by less than all of the applicants or owners of the application unless they are accompanied by a petition under 37 CFR 1.36(a) and fee under 37 CFR 1.17(f) with a showing of sufficient cause. Papers giving a power of attorney in an application will not be accepted by the Office when signed by less than all of the applicants or owners of the application unless they are accompanied by a petition under 37 CFR 1.183 and fee under 37 CFR 1.17(f) demonstrating the extraordinary situation where justice requires waiver of the requirement of 37 CFR 1.32(b)(4). The petition should be directed to the Office of Petitions. The appointment and/or revocation are not accepted until the petition under 37 CFR 1.36(a) or 1.183 is granted. Therefore, the attorney or agent newly appointed by such papers is not permitted to submit any documents (such as an information disclosure statement (IDS)) into the application file until the petition under 37 CFR 1.36(a) or 1.183 is granted. The acceptance of such papers by petition under 37 CFR 1.36(a) or 1.183 will result in more than one attorney, agent, applicant, or owner prosecuting the application at the same time. Therefore, each of these parties must sign all subsequent replies submitted to the Office. See In re Goldstein, 16 USPQ2d 1963 (Dep. Assist. Comm’r Pat. 1988).

Jump to MPEP Source · 37 CFR 1.36(a)Examples of WaiversStandard for WaiverAccess to Correspondence
Topic

Assignee as Applicant Signature

1 rules
StatutoryPermittedAlways
[mpep-402-10-fefe8556c9ef38edd569d1a9]
Correspondence to First Named Attorney/Agent
Note:
When an application is prosecuted by both an attorney/agent and at least one applicant/owner, correspondence will be mailed to the first named attorney/agent unless all parties agree to a different address.

In an application filed under pre-AIA 37 CFR 1.47(a), an assignee of the entire interest of the available inventors (i.e., the applicant) who has signed the declaration may appoint or revoke a power of attorney without a petition under 37 CFR 1.36(a) or 1.183. See MPEP § 402.07. However, in applications accepted under pre-AIA 37 CFR 1.47, such a petition under 37 CFR 1.36(a) or 1.183 submitted by a previously nonsigning inventor who has now joined in the application will not be granted. See MPEP § 409.03(i). Upon accepting papers appointing and/or revoking a power of attorney that are signed by less than all of the applicants or owners, the Office will indicate to applicants who must sign subsequent replies. Double correspondence will still not be permitted. Accordingly, when the acceptance of such papers results in an attorney or agent and at least one applicant or owner prosecuting the application, correspondence will be mailed to the attorney or agent. When the acceptance of such papers results in more than one attorney or agent prosecuting the application, the correspondence address will continue to be that of the attorney or agent first named in the application, unless all parties agree to a different correspondence address. Each attorney or agent signing subsequent papers must indicate whom he or she represents.

Jump to MPEP Source · 37 CFR 1.47(a)Assignee as Applicant SignatureApplicant and Assignee Filing Under AIACorrespondence Address Requirements
Topic

Documents Requiring Signature

1 rules
StatutoryRequiredAlways
[mpep-402-10-d6997044d0d2a59753b4f37c]
Both Patent Practitioners Must Sign Replies
Note:
When coinventors A and B each appoint their own patent practitioner, replies must be signed by both practitioners.

The following are examples of who must sign replies when there is more than one person responsible for prosecuting the application:

(B) If coinventors A and B have each appointed their own patent practitioner, replies must be signed by both patent practitioners.

Jump to MPEP SourceDocuments Requiring SignaturePractitioner Recognition and ConductSignature Requirements

Citations

Primary topicCitation
Access to Correspondence
Examples of Waivers
POA Form Requirements
POA for Joint Applicants
37 CFR § 1.17(f)
Access to Correspondence
Examples of Waivers
POA Form Requirements
POA for Joint Applicants
37 CFR § 1.183
Access to Correspondence
Examples of Waivers
POA Form Requirements
POA for Joint Applicants
37 CFR § 1.32(b)(4)
Access to Correspondence
Assignee as Applicant Signature
Examples of Waivers
POA Form Requirements
POA for Joint Applicants
37 CFR § 1.36(a)
Assignee as Applicant Signature
POA Form Requirements
POA for Joint Applicants
37 CFR § 1.47
Assignee as Applicant Signature
POA Form Requirements
POA for Joint Applicants
37 CFR § 1.47(a)
Assignee as Applicant Signature
POA Form Requirements
POA for Joint Applicants
MPEP § 402.07
Assignee as Applicant Signature
POA Form Requirements
POA for Joint Applicants
MPEP § 409.03(i)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31