An assignee or obligated assignee who is the applicant may appoint an effective power of attorney without the need to establish the right to take action under 37 CFR 3.71. Persons who otherwise show sufficient proprietary interest in the matter may supply a power of attorney along with a petition under 37 CFR 1.46(b)(2), which power would be effective once the petition is granted.An assignee who is not the applicant may sign a power of attorney only if the assignee becomes the applicant per 37 CFR 1.46(c) (which requires compliance with 37 CFR 3.71 and 3.73). A patent owner who was not the applicant under 37 CFR 1.46 must appoint any power of attorney in compliance with 37 CFR 3.71 and 3.73.See MPEP § 201.06(c), 402.02(a), and 402.02(b) for change in the power of attorney in continuation or divisional applications filed under 37 CFR 1.53(b).See MPEP § 403 for the addition and/or deletion of a practitioner from the list of practitioners associated with a Customer Number.The Office cannot aid you in selecting a registered attorney or agent, however, a list of attorneys and agents registered to practice before the U. Patent and Trademark Office is available at https://oedci.uspto.gov/OEDCI/.For assistance locating this information, contact the Office of Enrollment and Discipline at (571) 272-4097 or call the Inventors Assistance Center toll-free number, 1(800)786-9199.
Therefore, the appointment is void, ab initio, and the Office will not recognize the appointment.
The name of the unregistered person will not be added to the list of patent practitioners of record for the application in the Office’s electronic records.
Form paragraph 4.09 may be used to notify applicant that the attorney or agent is not registered.
As set forth in 37 CFR 1.42(b), if a person is applying for a patent as provided in 37 CFR 1.46, that person (which may be a juristic entity), and not the inventor, is the applicant.
In this situation the Office would not accept a power of attorney from the inventor.