What happens to a power of attorney in a continuing patent application?

For applications filed on or after September 16, 2012, 37 CFR 1.32(d) provides that a power of attorney from a prior national application may have effect in a continuing application if:

1. A copy of the power of attorney from the prior application is filed in the continuing application
2. The power of attorney was not granted by the inventor
3. The continuing application does not name an inventor who was not named in the prior application

MPEP 402.02(a) states: “37 CFR 1.32(d) specifically requires that a copy of the power of attorney from the prior application be filed in the continuing application to have effect (even where a change in power did not occur in the prior application).”

If these conditions are not met, a new power of attorney will need to be filed in the continuing application.