37 CFR § 1.36 — Revocation of power of attorney; withdrawal (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.36 Revocation of power of attorney; withdrawal
This page consolidates MPEP guidance interpreting 37 CFR § 1.36, including 41 rules 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.
Summary
This section covers the process and requirements for filing petitions to withdraw an attorney or agent from representing a patent application, focusing on compliance with specific deadlines and conditions.
What this section covers
- Defines the procedures for withdrawing an attorney or agent of record from a patent application under 37 CFR 1.36.
- Focuses on the core topic of petitioning to withdraw an attorney or agent from a patent application.
Key obligations
- Filing a petition to withdraw an attorney or agent of record under 37 CFR 1.36.
- Ensuring the petition is signed by the applicant or their representative.
- Adhering to specific requirements and deadlines outlined in 37 CFR 1.36.
Practice notes
- Ensure the petition includes all necessary information and signatures.
- Avoid delays by timely filing the petition and ensuring all required elements are present.
Official MPEP § 1.36 — Revocation of power of attorney; withdrawal
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.36 Revocation of power of attorney; withdrawal of patent attorney or agent.
[Editor Note: Para. (a) below includes changes applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012*]
- (a) A power of attorney, pursuant to § 1.32(b) , may be revoked at any stage in the proceedings of a case by the applicant or patent owner. A power of attorney to the patent practitioners associated with a Customer Number will be treated as a request to revoke any powers of attorney previously given. Fewer than all of the applicants (or fewer than all patent owners in a supplemental examination or reexamination proceeding) may revoke the power of attorney only upon a showing of sufficient cause, and payment of the petition fee set forth in § 1.17(f) . A patent practitioner will be notified of the revocation of the power of attorney. Where power of attorney is given to the patent practitioners associated with a Customer Number (§ 1.32(c)(2) ), the practitioners so appointed will also be notified of the revocation of the power of attorney when the power of attorney to all of the practitioners associated with the Customer Number is revoked. The notice of revocation will be mailed to the correspondence address for the application (§ 1.33 ) in effect before the revocation. An assignment will not of itself operate as a revocation of a power previously given, but the assignee may become the applicant under § 1.46(c) and revoke any previous power of attorney and grant a power of attorney as provided in § 1.32(b) .
- (b) A registered patent attorney or patent agent who has been given a power of attorney pursuant to § 1.32(b) may withdraw as attorney or agent of record upon application to and approval by the Director. The applicant or patent owner will be notified of the withdrawal of the registered patent attorney or patent agent. Where power of attorney is given to the patent practitioners associated with a Customer Number, a request to delete all of the patent practitioners associated with the Customer Number may not be granted if an applicant has given power of attorney to the patent practitioners associated with the Customer Number in an application that has an Office action to which a reply is due, but insufficient time remains for the applicant to file a reply. See § 41.5 of this title for withdrawal during proceedings before the Patent Trial and Appeal Board.
[49 FR 48416, Dec. 12, 1984, effective Feb. 11, 1985; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; revised, 69 FR 29865, May 26, 2004, effective June 25, 2004; revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (a) revised, 70 FR 56119, Sept. 26, 2005, effective Nov. 25, 2005; para. (b) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012]
[*The changes to para. (a) effective Sept. 16, 2012 are applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012. See § 1.36 (pre‑AIA) for the rule otherwise in effect.]
- Access Records
- Access Document Types
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- Aia Overview
- Oath Declaration
- Assignment Ownership
- Assignee Rights
- Correspondence Address
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- Petition Procedures
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- Fees
- Power Of Attorney
- Signature Requirements
- Signature Assignee
- Signature Practitioner