What is the legal basis for an attorney or agent to sign amendments without a power of attorney?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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 legal basis for an attorney or agent to sign amendments without a power of attorney is provided in 37 CFR 1.34. This regulation allows registered practitioners to act in a representative capacity without necessarily having a power of attorney. The MPEP § 714.01(c) clarifies this point:

A registered attorney or agent acting in a representative capacity under 37 CFR 1.34, may sign amendments even though he or she does not have a power of attorney in the application.

This provision facilitates efficient prosecution by allowing qualified professionals to assist with specific tasks in patent applications without the need for a formal power of attorney.

Tags: 37 CFR 1.34, 37 Cfr 134, legal basis, patent amendments, power of attorney, representative capacity