What is the difference in power of attorney revocation between pre-AIA and post-AIA applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The main difference in power of attorney revocation between pre-AIA (before September 16, 2012) and post-AIA (on or after September 16, 2012) applications lies in who can sign the power of attorney and the process for revocation:

• Post-AIA (on or after September 16, 2012): The power of attorney must be signed by the applicant or patent owner. For an assignee to revoke a power of attorney, they must first become the applicant under 37 CFR 1.46(c).
• Pre-AIA (before September 16, 2012): The assignee of record of the entire interest can revoke the power of attorney of the applicant directly, provided they establish their right to take action under pre-AIA 37 CFR 3.73(b).

This change reflects the shift in USPTO regulations to give more control to the applicant in post-AIA applications, while pre-AIA rules allowed more direct action by assignees.