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.
For applications filed on or after September 16, 2012, the power of attorney from a prior application may have effect in the continuing application under certain conditions. The MPEP states: 37 CFR 1.32(d) provides that a power of attorney from a prior national application for which benefit is claimed under 35 U.S.C. 120, 121, or 365(c) in a continuing application may have effect in the continuing application if a copy of the power of attorney from the prior application is filed in the continuing application unless: (1) The power of attorney was granted by the inventor; and (2) The continuing application names an inventor who was not named as an inventor in the prior application.
It’s recommended to file a copy of the power of attorney in the continuing application in all situations to clarify the record.