Patent Law FAQ

A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:

‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’

The process typically involves:

• An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
• The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
• If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.

It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.

For more information on juristic entity, visit: juristic entity.

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

For more information on USPTO, visit: USPTO.

Yes, a power of attorney can be revoked in a patent application. The process for revocation is outlined in MPEP 402:

‘The power of attorney may be revoked at any time. Pursuant to 37 CFR 1.36(a), an applicant may revoke a power of attorney by filing a new power of attorney that is not directed to the patent practitioner(s) of record.’

To revoke a power of attorney:

• File a new power of attorney form (PTO/AIA/82) with the USPTO.
• The new form should either name new representative(s) or indicate that the applicant wishes to prosecute the application pro se (without an attorney).
• Ensure the form is signed by the applicant or, in the case of a juristic entity, by an authorized official.
• Submit the form through the USPTO’s Electronic Filing System (EFS-Web) or by mail.

It’s important to note that merely filing a new power of attorney automatically revokes the previous one. There’s no need for a separate revocation document unless you want to revoke without appointing a new representative.

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

For more information on pro se, visit: pro se.

For more information on revocation, visit: revocation.

For more information on USPTO, visit: USPTO.

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.

A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:

‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’

The process typically involves:

• An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
• The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
• If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.

It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.

For more information on juristic entity, visit: juristic entity.

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

For more information on USPTO, visit: USPTO.

Yes, a power of attorney can be revoked in a patent application. The process for revocation is outlined in MPEP 402:

‘The power of attorney may be revoked at any time. Pursuant to 37 CFR 1.36(a), an applicant may revoke a power of attorney by filing a new power of attorney that is not directed to the patent practitioner(s) of record.’

To revoke a power of attorney:

• File a new power of attorney form (PTO/AIA/82) with the USPTO.
• The new form should either name new representative(s) or indicate that the applicant wishes to prosecute the application pro se (without an attorney).
• Ensure the form is signed by the applicant or, in the case of a juristic entity, by an authorized official.
• Submit the form through the USPTO’s Electronic Filing System (EFS-Web) or by mail.

It’s important to note that merely filing a new power of attorney automatically revokes the previous one. There’s no need for a separate revocation document unless you want to revoke without appointing a new representative.

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

For more information on pro se, visit: pro se.

For more information on revocation, visit: revocation.

For more information on USPTO, visit: USPTO.

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.

A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:

‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’

The process typically involves:

• An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
• The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
• If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.

It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.

For more information on juristic entity, visit: juristic entity.

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

For more information on USPTO, visit: USPTO.

Yes, a power of attorney can be revoked in a patent application. The process for revocation is outlined in MPEP 402:

‘The power of attorney may be revoked at any time. Pursuant to 37 CFR 1.36(a), an applicant may revoke a power of attorney by filing a new power of attorney that is not directed to the patent practitioner(s) of record.’

To revoke a power of attorney:

• File a new power of attorney form (PTO/AIA/82) with the USPTO.
• The new form should either name new representative(s) or indicate that the applicant wishes to prosecute the application pro se (without an attorney).
• Ensure the form is signed by the applicant or, in the case of a juristic entity, by an authorized official.
• Submit the form through the USPTO’s Electronic Filing System (EFS-Web) or by mail.

It’s important to note that merely filing a new power of attorney automatically revokes the previous one. There’s no need for a separate revocation document unless you want to revoke without appointing a new representative.

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

For more information on pro se, visit: pro se.

For more information on revocation, visit: revocation.

For more information on USPTO, visit: USPTO.

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.

A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:

‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’

The process typically involves:

• An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
• The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
• If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.

It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.

For more information on juristic entity, visit: juristic entity.

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

For more information on USPTO, visit: USPTO.

Yes, a power of attorney can be revoked in a patent application. The process for revocation is outlined in MPEP 402:

‘The power of attorney may be revoked at any time. Pursuant to 37 CFR 1.36(a), an applicant may revoke a power of attorney by filing a new power of attorney that is not directed to the patent practitioner(s) of record.’

To revoke a power of attorney:

• File a new power of attorney form (PTO/AIA/82) with the USPTO.
• The new form should either name new representative(s) or indicate that the applicant wishes to prosecute the application pro se (without an attorney).
• Ensure the form is signed by the applicant or, in the case of a juristic entity, by an authorized official.
• Submit the form through the USPTO’s Electronic Filing System (EFS-Web) or by mail.

It’s important to note that merely filing a new power of attorney automatically revokes the previous one. There’s no need for a separate revocation document unless you want to revoke without appointing a new representative.

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

For more information on pro se, visit: pro se.

For more information on revocation, visit: revocation.

For more information on USPTO, visit: USPTO.

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.