MPEP § 402.05 — Revocation of Power of Attorney (Annotated Rules)
§402.05 Revocation of Power of Attorney
This page consolidates and annotates all enforceable requirements under MPEP § 402.05, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Revocation of Power of Attorney
This section addresses Revocation of Power of Attorney. Contains: 1 guidance statement and 2 other statements.
Key Rules
PTAB Jurisdiction
Revocation of a power of attorney becomes effective on the date that the revocation is RECEIVED in the Office (not on the date of ACCEPTANCE). Upon revocation of the power of attorney, appropriate notification is sent by the Office. While an application is involved in an interference or derivation proceeding, any power of attorney or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration. See MPEP § 402.08.
Revocation of a power of attorney becomes effective on the date that the revocation is RECEIVED in the Office (not on the date of ACCEPTANCE). Upon revocation of the power of attorney, appropriate notification is sent by the Office. While an application is involved in an interference or derivation proceeding, any power of attorney or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration. See MPEP § 402.08.
Revocation of a power of attorney becomes effective on the date that the revocation is RECEIVED in the Office (not on the date of ACCEPTANCE). Upon revocation of the power of attorney, appropriate notification is sent by the Office. While an application is involved in an interference or derivation proceeding, any power of attorney or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration. See MPEP § 402.08.
AIA Effective Dates
See MPEP § 402.05(a) for applicant revocation of powers of attorney in applications filed on or after September 16, 2012. See MPEP § 402.05(b) for applicant revocation of powers of attorney in applications filed before September 16, 2012. See MPEP § 402.07 for assignee revocation of a power of attorney.
Citations
| Primary topic | Citation |
|---|---|
| AIA Effective Dates | MPEP § 402.05(a) |
| AIA Effective Dates | MPEP § 402.05(b) |
| AIA Effective Dates | MPEP § 402.07 |
| PTAB Jurisdiction | MPEP § 402.08 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 402.05 — Revocation of Power of Attorney
Source: USPTO402.05 Revocation of Power of Attorney [R-10.2019]
Revocation of a power of attorney becomes effective on the date that the revocation is RECEIVED in the Office (not on the date of ACCEPTANCE). Upon revocation of the power of attorney, appropriate notification is sent by the Office. While an application is involved in an interference or derivation proceeding, any power of attorney or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration. See MPEP § 402.08.
See MPEP § 402.05(a) for applicant revocation of powers of attorney in applications filed on or after September 16, 2012. See MPEP § 402.05(b) for applicant revocation of powers of attorney in applications filed before September 16, 2012. See MPEP § 402.07 for assignee revocation of a power of attorney.
All of the Office’s power of attorney forms include revocation language on them and will revoke any existing power of attorney.