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

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.

To learn more:

• power of attorney
• patent application
• pre-AIA
• assignee
• inventor