Can an assignee revoke a previous power of attorney in a patent case?
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.
Yes, an assignee can revoke a previous power of attorney in a patent case. According to MPEP 2560, “the assignee may revoke a previous power of attorney.” This means that when the ownership of a patent or patent application is transferred, the new owner (assignee) has the authority to revoke any existing power of attorney and appoint new representation if they choose to do so.
The MPEP further references 37 CFR 3.71 and 3.73 for more details on this process. These regulations outline the rights of the assignee and the procedures for establishing the right to take action in a patent application or patent.