What happens when a power of attorney is accepted from less than all applicants?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When a power of attorney is accepted from less than all applicants or owners, it results in multiple parties prosecuting the application simultaneously. The MPEP states:

“The acceptance of such papers by petition under 37 CFR 1.36(a) or 1.183 will result in more than one attorney, agent, applicant, or owner prosecuting the application at the same time. Therefore, each of these parties must sign all subsequent replies submitted to the Office.”

This means:

• All involved parties must sign subsequent documents.
• The USPTO will indicate who must sign future replies.
• Double correspondence is not permitted.
• Correspondence will be mailed to the attorney or agent if one is involved.
• If multiple attorneys are involved, correspondence goes to the first-named attorney unless all parties agree otherwise.