Are there exceptions to the requirement for all applicants to sign power of attorney documents?
Yes, there are exceptions to the requirement for all applicants to sign power of attorney documents. The MPEP provides one specific exception:
“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.”
This exception applies to applications filed before the America Invents Act (AIA) under specific circumstances. However, it’s important to note that this exception does not apply in all cases. The MPEP also states:
“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.”
For more information on these exceptions, refer to MPEP § 402.07 and MPEP § 409.03(i).
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