A Power Of Attorney Cannot Be To Both A List Of Practitioners And To A Customer Number

Power of Attorney; New 37 CFR 1.32 (a) & (b)

37 CFR 1.32(a) sets forth the following definitions: Power of attorney, Principal, Revocation, and Customer Number (CN) 37 CFR 1.32(b) sets forth power of attorney requirements: Must be in writing, Name one or more representatives in compliance with § 1.32(c), Give the representative power to act on behalf of the principal, and Be signed by the applicant for patent (§ 1.41(b)) or the assignee of the entire interest of the applicant. Power of Attorney; New 37 CFR 1.32(c)

A power of attorney must name as representative either: (1) one or more joint inventor; (2) up to ten registered patent attorneys or registered patent agents; or(3) those registered patent practitioners associated with a Customer Number. A Power of Attorney cannot be to both a list of practitioners and to a Customer Number.

If a power of attorney names more than ten patent practitioners power of attorney must be accompanied by a separate paper indicating which ten patent practitioners named in the power of attorney are to be recognized by the Office as being of record in application or patent to which the power of attorney is directed. If no separate paper, no power of attorney will be entered. The separate paper can be signed by one of the attorneys or agents of record, by a patent attorney or agent acting in a representative capacity, the assignee, acting pursuant to 37 CFR 3.73(b) or by all of the applicants. The separate paper cannot request that a Customer Number be used instead, only the applicant or assignee can give power of attorney to a Customer Number.

Correspondence Address §1.33(a)

The Office will use the address associated with a Customer Number if given, over a typed correspondence address, when more than one correspondence address is given. The Correspondence address given in an Application Data Sheet (§ 1.76) is given priority over any other correspondence address given.