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.”

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: Applicants, Owners, power of attorney, USPTO