What is the difference between a principal and an associate power of attorney in patent applications?

What is the difference between a principal and an associate power of attorney in patent applications?

In patent applications, there is a distinction between principal and associate powers of attorney:

  • Principal Power of Attorney: This is the primary power of attorney granted by the applicant to a patent practitioner or firm.
  • Associate Power of Attorney: This is a secondary power of attorney that can be granted by the principal attorney to another practitioner or firm.

According to MPEP 402.02(a):

“A principal attorney or agent may appoint an associate power of attorney to act in a representative capacity. See 37 CFR 1.32(b). An associate power of attorney is a power of attorney given to a second attorney or agent by an already appointed principal patent attorney or agent. The associate power of attorney is given by the principal attorney or agent to the associate attorney or agent, not by the applicant.”

It’s important to note that an associate power of attorney does not replace the principal power of attorney but rather supplements it, allowing for additional representation in the patent application process.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: Associate Attorney, power of attorney, Principal Attorney