Can an assignee revoke a power of attorney given by the applicant in a patent application?

Can an assignee revoke a power of attorney given by the applicant in a patent application?

Yes, an assignee can revoke a power of attorney given by the applicant in a patent application, provided certain conditions are met. According to MPEP 402.07:

“The assignee of the entire interest can revoke the power of attorney of the applicant and appoint its own patent practitioner.”

This is possible when:

• The assignee has properly become of record pursuant to 37 CFR 3.71.
• The application is involved in an interference or derivation proceeding.
• The application is national stage application filed under 35 U.S.C. 371.

It’s important to note that the assignee must follow proper procedures and file the necessary documents with the USPTO to effectuate this change.

To learn more:

• power of attorney
• assignee rights
• patent application
• USPTO procedures