MPEP § 402.02 — Appointment of Power of Attorney (Annotated Rules)

§402.02 Appointment of Power of Attorney

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

This page consolidates and annotates all enforceable requirements under MPEP § 402.02, 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 of Power of Attorney

This section addresses Appointment of Power of Attorney. Contains: 1 permission and 3 other statements.

Key Rules

Topic

Power of Attorney Requirements

3 rules
MPEP GuidanceInformativeAlways
[mpep-402-02-302dfc0af2fb6c694e6ef4f5]
Associate Power of Attorney Eliminated After June 25, 2004
Note:
The Office no longer accepts power of attorney signed by a principal to name an associate power of attorney after June 25, 2004.

Effective June 25, 2004, the associate power of attorney practice was eliminated. See Revision of Power of Attorney and Assignment Practice, 69 FR 29865 (May 2004). The Office no longer accepts a power of attorney signed by a principal to name an associate power of attorney. Appointment of an associate power of attorney filed on or after June 25, 2004 are not accepted. See also MPEP § 406.

Jump to MPEP SourcePower of Attorney RequirementsPower of AttorneyPOA Form Requirements
MPEP GuidancePermittedAlways
[mpep-402-02-5b1ce10e61c8d17e6bd5a57f]
Associate Power of Attorney No Longer Acceptable
Note:
The Office no longer accepts a power of attorney signed by a principal to name an associate power of attorney after June 25, 2004.

Effective June 25, 2004, the associate power of attorney practice was eliminated. See Revision of Power of Attorney and Assignment Practice, 69 FR 29865 (May 2004). The Office no longer accepts a power of attorney signed by a principal to name an associate power of attorney. Appointment of an associate power of attorney filed on or after June 25, 2004 are not accepted. See also MPEP § 406.

Jump to MPEP SourcePower of Attorney RequirementsPower of AttorneyPOA Form Requirements
MPEP GuidanceInformativeAlways
[mpep-402-02-b851a3f7d3f88196728c769d]
Associate Power of Attorney No Longer Accepted After June 25, 2004
Note:
The Office no longer accepts appointments of associate power of attorney filed on or after June 25, 2004.

Effective June 25, 2004, the associate power of attorney practice was eliminated. See Revision of Power of Attorney and Assignment Practice, 69 FR 29865 (May 2004). The Office no longer accepts a power of attorney signed by a principal to name an associate power of attorney. Appointment of an associate power of attorney filed on or after June 25, 2004 are not accepted. See also MPEP § 406.

Jump to MPEP SourcePower of Attorney RequirementsPower of AttorneyPOA Form Requirements
Topic

AIA Effective Dates

2 rules
MPEP GuidanceInformativeAlways
[mpep-402-02-e7a5e034ac90954d89ffdabc]
Requirement for Power of Attorney Appointment After September 16, 2012
Note:
This rule requires the appointment of a power of attorney for applications filed on or after September 16, 2012, as detailed in MPEP § 402.02(a).

For appointment of a power of attorney in applications filed on or after September 16, 2012, see MPEP § 402.02(a). For appointment of a power of attorney in applications filed before September 16, 2012, see MPEP § 402.02(b).

Jump to MPEP SourceAIA Effective DatesAIA Overview and Effective DatesAIA vs Pre-AIA Practice
MPEP GuidanceInformativeAlways
[mpep-402-02-b04bcacafac105fd52879cd8]
Requirement for Power of Attorney Appointment Before September 16, 2012
Note:
This rule outlines the requirement for appointing a power of attorney in applications filed before September 16, 2012.

For appointment of a power of attorney in applications filed on or after September 16, 2012, see MPEP § 402.02(a). For appointment of a power of attorney in applications filed before September 16, 2012, see MPEP § 402.02(b).

Jump to MPEP SourceAIA Effective DatesAIA Overview and Effective DatesAIA vs Pre-AIA Practice
Topic

POA Form Requirements

1 rules
MPEP GuidanceInformativeAlways
[mpep-402-02-2f9d6c3898d56521aab5d6cc]
Associate Power of Attorney No Longer Accepted
Note:
The Office no longer accepts a power of attorney signed by a principal to name an associate power of attorney for filings on or after June 25, 2004.

Effective June 25, 2004, the associate power of attorney practice was eliminated. See Revision of Power of Attorney and Assignment Practice, 69 FR 29865 (May 2004). The Office no longer accepts a power of attorney signed by a principal to name an associate power of attorney. Appointment of an associate power of attorney filed on or after June 25, 2004 are not accepted. See also MPEP § 406.

Jump to MPEP SourcePOA Form RequirementsPower of Attorney RequirementsPower of Attorney

Citations

Primary topicCitation
AIA Effective DatesMPEP § 402.02(a)
AIA Effective DatesMPEP § 402.02(b)
POA Form Requirements
Power of Attorney Requirements
MPEP § 406

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