What is the difference between a power of attorney and an authorization to act in a representative capacity?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. The main differences between a power of attorney and an authorization to act in a representative capacity are: Power of Attorney: Grants the ability to conduct all business before the USPTO on behalf of the applicant or assignee. Authorization to Act: Allows the practitioner to represent the applicant or assignee in a limited capacity, typically for a specific application or patent. According to MPEP 601.02 : ‘For applications filed on or after September 16, 2012, a power of attorney must be signed by the applicant for patent or the patent owner (for reissue applications, reexamination proceedings and supplemental examination proceedings). An assignee who is not an applicant cannot revoke or appoint power of attorney in a patent application.’ It’s important to note that while a power of attorney provides broader authority, an authorization to act can be sufficient for many routine patent prosecution matters. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Juristic Applicant or Patent Owner Can Sign Transmittal Letter MPEP 601 Permitted Fee Required for Patent Application MPEP 601 Required Fee and Oath/Declaration Requirement for Patent Application MPEP 601 Required Reissue Application Requirements MPEP 601 Appointment Requirement for Power of Attorney MPEP 601.02 Contents of Patent Application Required MPEP 601 Required Inventor Must File Written Patent Application MPEP 601 Required Power of Attorney Requires Full Mailing Address and Contact Info MPEP 601.02 Recommended No Information Disclosure Statement in Provisional Application MPEP 601 Permitted Application Must Be Submitted to USPTO Director MPEP 601 Required Other Related FAQs 5 FAQs Collapse Why is it im...