What is the difference between a power of attorney and an authorization to act in a representative capacity?
What is the difference between a power of attorney and an authorization to act in a representative capacity?
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.
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Topics:
Patent Law,
Patent Procedure