What happens if not all inventors sign the power of attorney in a pre-September 16, 2012 application?
What happens if not all inventors sign the power of attorney in a pre-September 16, 2012 application?
For applications filed before September 16, 2012, it’s crucial that all inventors who have not assigned their rights sign the power of attorney. According to MPEP 402.02(b):
If no power of attorney is on file, then a party who is not an inventor, but who has given a proper showing of ownership or of authority to take action for and on behalf of all of the applicant may appoint an attorney or agent to prosecute the application, subject to the same exception noted above.
If not all inventors sign, the power of attorney may be considered incomplete or invalid. In such cases, the USPTO may require a new power of attorney signed by all parties with the right to prosecute the application, or may accept communications only from the inventors themselves until the issue is resolved.
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