How does the power of attorney from a prior application affect a continuing application?

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.

To learn more:

• power of attorney
• continuing application
• prior application