How does adding an inventor affect an existing power of attorney in a patent application?

Adding an inventor to a patent application can potentially affect an existing power of attorney. According to MPEP 402.02(a):

“If the power of attorney was granted by the originally named inventive entity, and an added inventor pursuant to § 1.48 does not provide a power of attorney consistent with the power of attorney granted by the originally named inventive entity, the addition of the inventor results in the loss of that power of attorney upon grant of the § 1.48 request.”

This means that if a new inventor is added to the application and does not provide a power of attorney consistent with the existing one, the original power of attorney will be lost. However, this provision does not preclude a practitioner from acting pursuant to 37 CFR 1.34, if applicable.

It’s important for applicants and practitioners to be aware of this potential consequence when adding inventors to an application, and to take appropriate steps to maintain or reestablish the desired power of attorney.

To learn more:

• power of attorney
• adding inventor
• patent application
• inventive entity