Who should sign the power of attorney in a patent application filed before September 16, 2012?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 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. In patent applications filed before September 16, 2012, the power of attorney can be signed by either the inventor(s) or the assignee of the entire interest. However, the MPEP recommends that the assignee sign the power of attorney when one exists. As stated in the MPEP: While a power of attorney may be signed by the inventor(s), the power of attorney should be signed by the assignee of the entire interest where one exists. Otherwise, the assignee may be paying the bill, while the inventor is providing the power of attorney, thereby possibly raising an issue as to who is the practitioner’s client. This recommendation aims to avoid potential conflicts and ensure clear representation in cases where the relationship between the assignee and inventors may deteriorate. Other Related FAQs 5 FAQs Collapse Can an inventor authorize someone else to sign the application oath or declaration on their behalf? What happens to a patent application if an inventor dies after filing but before issuance? What happens if an inventor becomes available after a 37 CFR 1.47(a) petition is granted? What happens if the last-known address of an unavailable inventor is invalid? How does the process differ for international patent applications filed by non-inventor applicants?