What happens if there are multiple applicants for a patent and only some give power of attorney?

When there are multiple applicants for a patent and only some give power of attorney, the USPTO has specific rules to handle the situation. According to MPEP 402:

‘Where a power of attorney is given by fewer than all of the applicants or owners, the power of attorney is not accepted until a petition under 37 CFR 1.36(b) is granted.’

This means:

• The power of attorney is not automatically accepted if not all applicants have signed it.
• A petition under 37 CFR 1.36(b) must be filed and granted for the partial power of attorney to be accepted.
• The petition should explain why it was not possible to obtain signatures from all applicants.
• The Office of Petitions will review the petition and make a determination.

It’s generally recommended to obtain signatures from all applicants to avoid delays and potential issues with the patent application process.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO, visit: USPTO.