What are the requirements for a power of attorney in applications filed before September 16, 2012?

What are the requirements for a power of attorney in applications filed before September 16, 2012?

For applications filed before September 16, 2012, there are specific requirements for a valid power of attorney. According to MPEP 402.02(b):

“For applications filed before September 16, 2012, the power of attorney must be signed by (1) the applicant, where the inventor is the applicant, or (2) the assignee of the entire interest of the applicant.”

Additionally, the power of attorney must:

• Be in writing
• Name one or more attorneys or agents
• Be signed by the applicant for patent (i.e., all of the inventors) or the assignee of the entire interest of the applicant

It’s important to note that for applications filed before September 16, 2012, a power of attorney may be incorporated in the oath or declaration form if the power of attorney is included in the same document.

To learn more:

• power of attorney requirements
• pre-AIA applications
• patent representation