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Is a signed Declaration and Power of Attorney form required at the time of filing?

April 26, 2017Declaration filing form power of attorney signed time

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Is a signed Declaration and Power of Attorney form required at the time of filing?

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No, it is possible to file a patent application without the Declaration and Power of attorney form. If a signed Declaration and Power of Attorney form does not accompany the filing documents, the United States Patent and Trademark Office will issue a Notice to File Missing Parts which will set a term, e.g., normal 1-2 months, in which to submit the necessary Declaration and Power of Attorney form, along with the associated surcharge for late filing of the same. If necessary, an extension of term can be obtained to facilitate filing the Declaration and Power of Attorney form after the date set in the Notice.