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Suppose we have a previous application filed by Inventor A, less than a year ago.

Now suppose we have a new application filed by Inventors A and B as joint inventors, but B works for A and his IP belongs to A.

Can we still use POA to B to allow B to prosecute the case? In other words, is B still a "joint inventor" when he has not technical share and it is entirely assigned to A?

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  • Can you clarify whether you want B to prosecute only the second application or the first application also?
    – Eric S
    Commented Oct 28, 2020 at 1:51
  • only the second
    – Harvard
    Commented Nov 3, 2020 at 5:23

1 Answer 1

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Yes,

Inventorship and ownership are two different things. If A and B are both listed as inventors then they can chose one among them to represent all before the USPTO.

From 37 CFR 1.32. Power of attorney.

b) A power of attorney must:(1) Be in writing;(2) Name one or more representatives in compliance with (c) of this section;(3) Give the representative power to act on behalf of the principal; and( 4) Be signed by the applicant for patent (§ 1.41(b)) or the assignee of the entire interest of the applicant.(c) A power of attorney may only name as representative:(1) One or more joint inventors (§ 1.45);(2) Those registered patent practitioners associated with a Customer Number;

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  • In short, "yes". Commented Nov 26, 2020 at 17:54

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