Can a non-inventor appoint a power of attorney in a pre-September 16, 2012 application?

Can a non-inventor appoint a power of attorney in a pre-September 16, 2012 application?

Yes, under certain circumstances, a non-inventor can appoint a power of attorney in applications filed before September 16, 2012. The MPEP 402.02(b) states:

If no power of attorney is on file, then a party who is not an inventor, but who has given a proper showing of ownership or of authority to take action for and on behalf of all of the applicant may appoint an attorney or agent to prosecute the application, subject to the same exception noted above.

This means that a non-inventor, such as an assignee or other party with proper authority, can appoint a power of attorney if:

• No power of attorney is currently on file
• They provide proper documentation showing ownership or authority to act on behalf of all applicants
• They follow the same rules that would apply to inventors appointing a power of attorney

It’s important to note that the non-inventor must have the authority to act for all applicants, not just some of them.

To learn more:

• non-inventor power of attorney
• pre-AIA applications
• assignee authority