How does the USPTO handle conflicting powers of attorney in a patent application?

How does the USPTO handle conflicting powers of attorney in a patent application?

When conflicting powers of attorney are submitted in a patent application, the USPTO follows specific procedures to resolve the conflict. According to MPEP 402.10:

Where a written power of attorney is submitted in an application without the signature of one or more inventors or assignees, the power of attorney is not accepted until either (1) the nonsigning inventor or assignee provides a power of attorney consistent with the power of attorney provided by the other parties, or (2) the nonsigning inventor or assignee is removed from the application.

In practice, this means:

• The USPTO will not accept a power of attorney unless it is signed by all parties or consistent with previously filed powers.
• If conflicting powers are received, the Office will contact the applicants to resolve the discrepancy.
• The application may be delayed until the conflict is resolved.
• In some cases, the nonsigning inventor or assignee may need to be removed from the application for prosecution to proceed.

It’s crucial for applicants to coordinate and agree on representation to avoid such conflicts and potential delays in the patent application process.

To learn more:

• conflicting powers of attorney
• patent application
• USPTO procedures