Can a power of attorney be appointed or revoked by less than all applicants or owners?
Generally, papers giving or revoking a power of attorney in an application require signatures from all applicants or owners. However, there are exceptions:
- For revocation: A petition under 37 CFR 1.36(a) with a fee and showing of sufficient cause is required.
- For appointment: A petition under 37 CFR 1.183 with a fee, demonstrating an extraordinary situation where justice requires waiver of the requirement in 37 CFR 1.32(b)(4), is necessary.
As stated in the MPEP: “Papers giving or revoking a power of attorney in an application generally require signature by all the applicants or owners of the application.”
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure