1. AIA Final Rules
Power of Attorney
March 20, 2013

2. Power of Attorney

3. Why file a Power of Attorney?
Allows the firm access to applications before publication
Important for status checks at the USPTO
Helps out attorneys with interviews
Terminal disclaimers

4. Statement Under 3.73(b) is now 3.73(c)
Power of Attorney
Original applicant filing the application is presumed to be the owner (not the inventors), unless later assigned. 37 CFR 3.73(a)
ADS names the “Applicant” then they are presumed to be the owner and the patent will issue to them
Statement Under 3.73(b) is now 3.73(c)

5. Two Ways to Accomplish:
Power of Attorney
Two Ways to Accomplish:
General POA (PTO/AIA/80) CFR 3.73(c) Statement (PTO/AIA/96)
Transmittal For Power of Attorney (PTO/AIA/82)
- Part A- Transmittal Identifying the Application
- Part B- Power of Attorney

6. Power of Attorney- PTO/AIA/80
Way #1 File:
General Power of Attorney (PTO/AIA/80)
Signed by Applicant- e.g., Company Officer
37 CFR 3.73(c) Statement (PTO/AIA/96)
Signed by either:
Attorney/Practitioner Identified on AIA/80
Applicant- e.g., Company Officer
Assignment
Record ahead of filing Power of Attorney; OR
Attach copy of Assignment & Record Same Day

7. Power of Attorney- PTO/AIA/80
3.73(c) Statement
PTO/AIA/96
General POA
PTO/AIA/80
Record
Assignment

8. Power of Attorney Example #1- PTO/AIA/80
Reel/Frame No.
Filed
Record
File
3.73(c) Statement
PTO/AIA/96
Assignment
ADS
App.
New
General POA
PTO/AIA/80
ADS naming
Applicant

9. Power of Attorney Example #2- PTO/AIA/80
Record Assignment
Separately
Can file with App.
File
Filed
3.73(c) Statement
PTO/AIA/96
Assignment
ADS
App.
General POA
PTO/AIA/80
ADS naming
Applicant

10. Power of Attorney- PTO/AIA/82
Way #2 File:
Power of Attorney (PTO/AIA/82)
Part A- Transmittal for Power of Attorney
Signed by Attorney/Practitioner, OR
Signed by Applicant (e.g., Company Officer)
Part B- Power of Attorney by Applicant
Assignment- Still Need to Record to Establish Assignee as the Applicant

11. Power of Attorney- PTO/AIA/82
Transmittal (Part A)
Fill in Application Information
Can leave Application Information blank if filed with application
Signed by:
Applicant,
Patent Attorney, or
Patent Agent.

12. Power of Attorney- PTO/AIA/82
Power of Attorney (Part B)
Signed by Applicant
Company Officer
President
Treasurer
Secretary, etc.
Inventor

13. Power of Attorney- PTO/AIA/82
Power of Attorney (Part B)
Apparently, the USPTO allows you to “recycle” Part B forms and use them for other applications
Just need to update Part A for each application

14. Power of Attorney- PTO/AIA/82
When to Use PTO/AIA/82 Form (Way #2)
Want to establish Power of Attorney with the filing of the application- assignments might take a while to get signed.
Multiple inventors or assignees not wanting to assign to the same company
Issues
Need to have the correct box checked
Still need to record the assignments

15. Power of Attorney Example #3- PTO/AIA/82
Part B
Part A
Signed
Client
(Officer)
USPTO

16. Power of Attorney Example #4- PTO/AIA/82
Part B
Betty
Part A
Signed
Part B
Part B
Andy
Betty
Part B
Signed
Andy
USPTO

17. Power of Attorney Example #5- PTO/AIA/82
Record Assignment
Separately
Can file with App.
File
Filed
Part B
Part A
ADS
App.
ADS naming
Applicant

18. Power of Attorney- Continuing Applications
Allowed to use parent POA if you supply a copy of the parent POA
Exception: POA by inventor and CON/DIV names an inventor not in the parent
37 CFR 1.32(d) p. 32
Lose POA if you add a new inventor without POA from new inventor
37 CFR 1.32(e) p. 32

19. More Information and Questions…
Contact: Chuck Schmal
Phone: (317)

20. ©2013 Woodard, Emhardt, Moriarty, McNett & Henry LLP
AIA Final Rules
Power of Attorney
March 20, 2013
©2013 Woodard, Emhardt, Moriarty, McNett & Henry LLP