Can a power of attorney be granted to a foreign attorney or agent for US patent applications?

Can a power of attorney be granted to a foreign attorney or agent for US patent applications?

A power of attorney for US patent applications can only be granted to individuals who are registered to practice before the USPTO. Foreign attorneys or agents who are not registered with the USPTO cannot be granted power of attorney.

According to MPEP 402: “The Office cannot recognize more than one power of attorney or authorization to act in a representative capacity in a particular application or patent at any given time.” This means that only USPTO-registered practitioners can be given power of attorney.

However, foreign attorneys can work with US-registered patent practitioners who can be granted power of attorney. The foreign attorney can then collaborate with the US-registered practitioner to manage the application.

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

Topics: MPEP 400 - Representative of Applicant or Owner, MPEP 402 - Power of Attorney; Naming Representative, Patent Law, Patent Procedure
Tags: power of attorney