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Re: Assignment and power of attorney



John Riley <[EMAIL PROTECTED]> wrote in 
news:[EMAIL PROTECTED]:

> 
> 
> Inventor and Agent are both employed by Company.
> Inventor assigns a patent to Company.
> Agent prepares an application for the patent.
> 
> Is a power of attorney form necessary?
> (Form PTO/SB/81 (09-03))

Strictly speaking, no. If an assignment is submitted from Inventor to 
Company, then Agent need only submit a statement that he is authorised to 
act for Company, and if Agent is also an officer of Company, then even 
that is not required. See 37 CFR 3.71 and 3.73. However, I think most 
would use a combined declaration/power of attorney, just as most in 
private practice do. 

> Is Agent somehow representing Inventor or Company,

They are if they sign any papers, because that makes them of record. They 
are representing Inventor, but their 'client' is Company. However, any 
officer of Company, or any employee authorised by Company could sign 
instead. 

> or is he just helping Inventor or Company prosecute?

Only if he doesn't sign anything.

> 
> Also, if the correspondece address is just
> IP Dept. of Company,
> Does Agent put his name or Reg Number anywhere
> in any of the forms?
> 
> 

If he signs them he has to put his name and Reg. No. Not every paper 
requires a signature, though.

> 
> __________________________________
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> 

Alun Palmer, Reg. No. 47,838



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