Can a power of attorney be revoked by fewer than all of the applicants?

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, 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.