Can a power of attorney be granted to a foreign patent attorney or agent?
Can a power of attorney be granted to a foreign patent attorney or agent?
In general, a power of attorney in U.S. patent applications can only be granted to practitioners who are registered to practice before the USPTO. According to MPEP 402.02:
“The Office cannot recognize more than one power of attorney in an application at any given time. However, a registered attorney or agent may be appointed in a representative capacity under 37 CFR 1.34 in addition to any power of attorney that may be in effect.”
While foreign patent attorneys or agents cannot be directly granted power of attorney, they can work with U.S. registered practitioners who can be appointed. Additionally, foreign attorneys can be recognized as representatives under 37 CFR 1.34 for limited purposes, such as filing papers or receiving Office communications.
To learn more: