Preparing a Power of Attorney (POA) for U.S. Patent Applications can be a challenging task.
Below is a short overview of which forms are needed for submission of a POA for pending US patent applications, depending on the filing date of the application.
Applications filed before September 16, 2012 (pre-AIA) (Note: The filing date for a US national phase is the filing date of the International (PCT) Application):
If the inventors did not assign their application, the PTO/SB/81 form1 is needed.
If the inventors assigned the application to assignees, either the PTO/SB/802 or PTO/SB/81 form is required; regardless of which form is used, a POA from the assignee must be accompanied by a statement pursuant to 3.73(b) (PTO/SB/96 form). If there is more than one assignee, each assignee must execute a separate POA and 3.73(b) statement.
Applications filed on or after September 16, 2012 (AIA):
An applicant of record in a U.S. patent application may execute a POA. The simplest way for the applicant of record to give power to a practitioner is via PTO/AIA/82A3 and -82B4 forms.
If a current assignee is not the applicant of record, the assignee must use the PTO/AIA/80 form, which must be accompanied by a statement pursuant to 37 C.F.R. § 3.73(c). If there is more than one assignee, each assignee must execute a separate POA and 3.73(c) statement (PTO/AIA/96 form).
Check out our blog for more tips on navigating the complex patent process.
Sources
1 “Power of Attorney or Revocation of Power of Attorney With a New Power of Attorney and Change of Correspondence Address”
2 “Power of Attorney to Prosecute Applications Before the USPTO”
3 “Transmittal for Power of Attorney to One or More Registered Practitioners”
4 “Power of Attorney by Applicant”
