IP-Academy
Power of Attorney
A Power of Attorney, or POA, is a legal document that allows one person or organization to act on behalf of another. It’s commonly used in situations involving legal, business, or even personal matters: for example, appointing someone to manage your affairs through a Lasting Power of Attorney (LPA).
In the world of intellectual property, many applicants and rights holders either choose,or are required by law, to appoint a legal representative to act on their behalf. This could be a patent attorney or another IP professional who handles things like filing, registering, or maintaining patents, trademarks, or other IP rights. For example, if you're filing a patent, a POA gives your patent attorney the legal permission to act for you during the prosecution, including communication with the Intellectual Property Office (IPO) or court proceedings.
POAs are also used when companies need to manage inventions made by employees. In these cases, a POA can authorize the company to file for patent protection or manage the rights to inventions developed during the employee’s time at the company.
Requirements for a Valid POA
The rules for creating and using a POA vary by country. In the U.S., for example, a valid POA must:
· Include the date it was signed and the application it relates to
· Be signed by the person granting the power (or someone they’ve authorized to sign in their presence)
· Name a registered USPTO practitioner or law firm as the attorney of record
Beyond creating a POA, different countries have their own rules for how it can be used in IP matters. Some jurisdictions require the representative holding the POA to be a registered local attorney. Others may need a notarized or even legalized version of the document, especially to receive an official filing- date.
In some cases, an original hard copy of the POA must be submitted, scanned or digital versions might not be accepted.
A Power of Attorney is often essential when applying for or maintaining intellectual property rights. Since requirements can differ from one country to another, it’s important for IP applicants and rights holders to understand the local rules to ensure their IP portfolio is properly managed.
Common Questions
Can I file first and provide the POA later?
Often yes. Many offices do not require a POA to obtain a filing date, but they may request it later during prosecution. However, this does not apply to all IP objects and jurisdictions. You can learn more about POA requirements for your IP type and country in our IP-Guide.
How can IP-Coster help if I'm filing across many jurisdictions?
Filing with IP-Coster is easier because our local attorneys can help you coordinate country-by-country requirements and align timelines so POA formalities (signatures, notarization/legalization where needed) do not take more time and effort than needed. Besides, the digital copy of the document will always be available on the platform, saved securely in the relevant project files, and always easy to find.
Can I revoke a POA or change representatives later?
Yes. In most jurisdictions you can revoke authority and appoint a new representative, but you may need formal filings and, sometimes, a new POA.
Do I need a POA to request a quote?
Usually no. A POA is typically needed for acting before an IP office, not for preliminary advice.