How can joint inventors appoint a power of attorney in a patent application?

Joint inventors who are the applicant can appoint a power of attorney in a patent application using Form PTO/AIA/81. This form allows joint inventors to give one or more joint inventor-applicants the power of attorney to sign on behalf of all joint inventor-applicants.

According to the MPEP:

“Form PTO/AIA/81 may be used by joint inventors who are the applicant to give one or more joint inventor-applicants power of attorney to sign on behalf of all joint inventor-applicants. Since powers of attorney must be signed by ‘the applicant,’ all joint inventor-applicants must sign a power of attorney, including the joint inventor(s) who are being given power of attorney.”

For example, if there are four joint inventors (A, B, C, and D) who are all applicants, and they wish to appoint inventor-applicant C as having power of attorney, all four inventors (A, B, C, and D) must sign the power of attorney form appointing C.

It’s important to note that all joint inventor-applicants must sign the power of attorney, even those who are being given the power to act on behalf of the others.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: joint inventors, power of attorney