Can a juristic entity appoint a power of attorney in a patent application?
Can a juristic entity appoint a power of attorney in a patent application?
Yes, a juristic entity (such as a corporation or organization) can appoint a power of attorney in a patent application. However, there are specific requirements for doing so:
- The power of attorney must be signed by a person authorized to act on behalf of the juristic entity
- The person signing must have apparent authority to bind the juristic entity
The MPEP provides guidance on this matter:
A power of attorney from a juristic entity must be signed by a person authorized to act on behalf of the juristic entity. […] A power of attorney to a patent practitioner to prosecute a patent application executed by the applicant or the assignee of the entire interest of the applicant is the power of attorney of the applicant or assignee, not the power of attorney of the practitioner.
(MPEP 402.02(a))
It’s important to note that the power of attorney belongs to the juristic entity, not to the practitioner who is appointed.
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