Can a nonsigning inventor revoke a power of attorney in a pre-AIA 37 CFR 1.47 application?
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.
In a pre-AIA 37 CFR 1.47 application, a nonsigning inventor has limited rights regarding the power of attorney. According to MPEP 402.05(b):
A nonsigning inventor may subsequently join in a pre-AIA 37 CFR 1.47 application by submitting an oath or declaration under pre-AIA 37 CFR 1.63. However, even if the nonsigning inventor joins in the application, he or she cannot revoke or give a power of attorney without agreement of the pre-AIA 37 CFR 1.47 applicant.
This means that while a nonsigning inventor can later join the application by submitting the required oath or declaration, they do not have the authority to unilaterally revoke or grant a power of attorney. Any such action would require the agreement of the original pre-AIA 37 CFR 1.47 applicant.