What are the general requirements for powers of attorney in patent applications filed on or after September 16, 2012?

For patent applications filed on or after September 16, 2012, the general requirements for powers of attorney are:

  • The power of attorney must be in writing.
  • It must name one or more representatives.
  • It must give the representative power to act on behalf of the principal.
  • It must be signed by the applicant for patent or the patent owner.

According to 37 CFR 1.32(b)(4), “A power of attorney must: […] (4) Be signed by the applicant for patent (§ 1.42) or the patent owner. A patent owner who was not the applicant under § 1.46 must appoint any power of attorney in compliance with §§ 3.71 and 3.73 of this chapter.”

It’s important to note that an assignee who is not an applicant cannot revoke or appoint a power of attorney in a patent application.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: power of attorney