How does correcting inventorship affect the power of attorney in a patent application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Correcting inventorship can potentially affect the power of attorney in a patent application. The MPEP states:

For applications filed on or after September 16, 2012, 37 CFR 1.32(e) provides that if the power of attorney was granted by the originally named inventive entity, and an added inventor pursuant to 37 CFR 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 37 CFR 1.48 request.

This means that if a new inventor is added and doesn’t provide a consistent power of attorney, the original power of attorney may be lost. However, the MPEP also notes, This provision does not preclude a practitioner from acting in a representative capacity pursuant to 37 CFR 1.34, if applicable. It’s important to consider this potential consequence when correcting inventorship in applications filed on or after September 16, 2012.