America-Israel Patent Law Blog

Observations on patents and other IP from a dual-licensed practitioner

What Constitutes An Authorized Signer in the USPTO’s Eyes? They Want Us to Guess

To anyone who's filed more than a handful of powers of attorney or assignments at the USPTO, it's well-known that the USPTO sometimes bounces these things for seemingly capricious reasons, often relating to the title given for the person who signed the documents, with the assertion that it's not apparent that the signer is authorized to sign the document. 

Thus, this week on one of the listservs to which I subscribe (yes, there are still listservs, and I subscribe to some of them because they're populated by some very knowledgeable and very helpful people), a question arose regarding signatures on documents filed at the USPTO. And in the response thread, David Boundy produced the 2-page document shown below. It's a list of acceptable descriptions that the USPTO regards as self-evidently showing authorization to sign, as well as some descriptions that are no-nos.

F-21-00084 F-22-00062 2022-10-27 Apparent Authority Guidance for POA 04112016_1 F-21-00084 F-22-00062 2022-10-27 Apparent Authority Guidance for POA 04112016_2
What's remarkable is that at the bottom of each page, the document is marked "Internal Use ONLY". In other words, "We're not gonna tell the public what's ok and what's not, those people out there are just gonna have to guess".  That's not only inefficient, it's illegal. And to make matters worse, I've seen some documents bounced by the USPTO where the signer used one of the "acceptable" descriptions.

This seems to be par for the course at the USPTO, which since at least May 19 has has announced on its website that "Patent Center has 100% of the functionality of EFS-Web, Public and Private PAIR, and is available to all users for electronic filing and management of patent applications."

Screenshot 2023-06-30 184117

It should come as no surprise that DB was only provided with this document following a Freedom of Information Act request.

One response to “What Constitutes An Authorized Signer in the USPTO’s Eyes? They Want Us to Guess”

  1. Joe Felber Avatar
    Joe Felber

    I have also seen powers of attorney kicked back with “CEO” indicated as the title. The PTO wanted “CEO of Acme Corp.” It gets worse: The PTO kicks it back with an “explanation” such as “It is not clear who signed the power of attorney” even though the signer’s name is clearly typed in the line above. The practitioner ends up having to call the PTO, waste a lot of time on hold, just to get an explanation that should have been provided already.

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I’m Dan Feigelson. I’ve been practicing patent law for over 30 years. I’m also opinionated, as you may discover in reading my writings here.