Can a power of attorney be revoked by fewer than all of the applicants?
Yes, a power of attorney can be revoked by fewer than all of the applicants, but with certain conditions. According to MPEP 402.05:
‘A power of attorney may be revoked by fewer than all of the applicants (or fewer than all patent owners in a reexamination proceeding or supplemental examination proceeding) if the power was granted by fewer than all of the applicants or patent owners.’
This means:
- If the original power of attorney was granted by all applicants, it must be revoked by all applicants.
- If the original power was granted by a subset of applicants, that same subset can revoke it.
- In cases of joint inventors, careful consideration must be given to who originally granted the power.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure