MPEP § 1808 — Change in or Revocation of the Appointment of an Agent or a Common Representative (Annotated Rules)

§1808 Change in or Revocation of the Appointment of an Agent or a Common Representative

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1808, 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.

Change in or Revocation of the Appointment of an Agent or a Common Representative

This section addresses Change in or Revocation of the Appointment of an Agent or a Common Representative. Primary authority: 37 CFR 11.9, 37 CFR 1.455, and 37 CFR 11.116. Contains: 3 requirements, 1 prohibition, 2 guidance statements, 6 permissions, and 1 other statement.

Key Rules

Topic

Customer Number Practice

4 rules
StatutoryPermittedAlways
[mpep-1808-bc1511cc45b4e706a8a41a2e]
Revocation of Agent or Representative Appointment
Note:
The appointment of an agent or representative can be revoked, but the document must be signed by those who made the appointment or their successors. An agent's sub-agent appointment is also revoked if the main appointment is canceled.

The appointment of an agent or a common representative can be revoked. The document containing the revocation must be signed by the persons who made the appointment or by their successors in title. The appointment of a sub-agent may also be revoked by the applicant concerned. If the appointment of an agent is revoked, any appointment of a sub-agent by that agent is also considered revoked. Also, as an agent may not be appointed by Customer Number Practice in the international phase (see MPEP § 1807), an appointment of an agent may not be revoked by reference to a Customer Number.

Jump to MPEP Source · 37 CFR 1.455Customer Number PracticeCorrespondence AddressDocuments Requiring Signature
StatutoryRequiredAlways
[mpep-1808-79b1432f82fe2c872a0a009a]
Revocation Must Be Signed by Appointers
Note:
The document revoking an agent's appointment must be signed by the original appointers or their successors.

The appointment of an agent or a common representative can be revoked. The document containing the revocation must be signed by the persons who made the appointment or by their successors in title. The appointment of a sub-agent may also be revoked by the applicant concerned. If the appointment of an agent is revoked, any appointment of a sub-agent by that agent is also considered revoked. Also, as an agent may not be appointed by Customer Number Practice in the international phase (see MPEP § 1807), an appointment of an agent may not be revoked by reference to a Customer Number.

Jump to MPEP Source · 37 CFR 1.455Customer Number PracticeCorrespondence AddressDocuments Requiring Signature
StatutoryPermittedAlways
[mpep-1808-266ea9042d60e32c526cd01d]
Revocation of Sub-Agent Appointment
Note:
An applicant can revoke the appointment of a sub-agent. The revocation must be signed by the appointing party or their successor.

The appointment of an agent or a common representative can be revoked. The document containing the revocation must be signed by the persons who made the appointment or by their successors in title. The appointment of a sub-agent may also be revoked by the applicant concerned. If the appointment of an agent is revoked, any appointment of a sub-agent by that agent is also considered revoked. Also, as an agent may not be appointed by Customer Number Practice in the international phase (see MPEP § 1807), an appointment of an agent may not be revoked by reference to a Customer Number.

Jump to MPEP Source · 37 CFR 1.455Customer Number PracticeCorrespondence AddressDocuments Requiring Signature
StatutoryProhibitedAlways
[mpep-1808-436504c092dd0d253b3cf99e]
Revocation of Agent's Sub-Agent Appointment Prohibited
Note:
If an agent’s appointment is revoked, any sub-agent appointed by that agent is also considered revoked. An agent cannot be appointed via Customer Number Practice in the international phase.

The appointment of an agent or a common representative can be revoked. The document containing the revocation must be signed by the persons who made the appointment or by their successors in title. The appointment of a sub-agent may also be revoked by the applicant concerned. If the appointment of an agent is revoked, any appointment of a sub-agent by that agent is also considered revoked. Also, as an agent may not be appointed by Customer Number Practice in the international phase (see MPEP § 1807), an appointment of an agent may not be revoked by reference to a Customer Number.

Jump to MPEP Source · 37 CFR 1.455Customer Number PracticeCorrespondence AddressDocuments Requiring Signature
Topic

Nationals and Residents

3 rules
StatutoryPermittedAlways
[mpep-1808-662fdce7b9f39c39eb4cd97e]
Attorney or Agent Must Represent International Applicants
Note:
Applicants of international patent applications must be represented by registered attorneys or agents, or an appointed common representative.

(a) Applicants of international applications may be represented by attorneys or agents registered to practice before the United States Patent and Trademark Office or by an applicant appointed as a common representative (PCT Art. 49, Rules 4.8 and 90 and § 11.9). If applicants have not appointed an attorney or agent or one of the applicants to represent them, and there is more than one applicant, the applicant first named in the request and who is entitled to file in the U.S. Receiving Office shall be considered to be the common representative of all the applicants. An attorney or agent having the right to practice before a national office with which an international application is filed and for which the United States is an International Searching Authority or International Preliminary Examining Authority may be appointed to represent the applicants in the international application before that authority. An attorney or agent may appoint an associate attorney or agent who shall also then be of record (PCT Rule 90.1(d)). The appointment of an attorney or agent, or of a common representative, revokes any earlier appointment unless otherwise indicated (PCT Rule 90.6(b) and (c)).

Jump to MPEP Source · 37 CFR 11.9Nationals and ResidentsSignature RequirementsLimited Recognition Practitioners
StatutoryPermittedAlways
[mpep-1808-1f92b9e25bfdf198b09e4910]
Attorney or Agent May Represent Applicants Before International Authority
Note:
An attorney or agent registered to practice before the U.S. Patent and Trademark Office may be appointed to represent applicants in an international application before a national office where the United States acts as an International Searching Authority or International Preliminary Examining Authority.

(a) Applicants of international applications may be represented by attorneys or agents registered to practice before the United States Patent and Trademark Office or by an applicant appointed as a common representative (PCT Art. 49, Rules 4.8 and 90 and § 11.9). If applicants have not appointed an attorney or agent or one of the applicants to represent them, and there is more than one applicant, the applicant first named in the request and who is entitled to file in the U.S. Receiving Office shall be considered to be the common representative of all the applicants. An attorney or agent having the right to practice before a national office with which an international application is filed and for which the United States is an International Searching Authority or International Preliminary Examining Authority may be appointed to represent the applicants in the international application before that authority. An attorney or agent may appoint an associate attorney or agent who shall also then be of record (PCT Rule 90.1(d)). The appointment of an attorney or agent, or of a common representative, revokes any earlier appointment unless otherwise indicated (PCT Rule 90.6(b) and (c)).

Jump to MPEP Source · 37 CFR 11.9Nationals and ResidentsReceiving Office (RO/US)International Searching Authority (ISA)
StatutoryRequiredAlways
[mpep-1808-98117facad7ad10bbf25b202]
Attorney Must Sign Notice of Withdrawal
Note:
Each attorney of record must sign the notice of withdrawal, or it must clearly indicate one attorney signing on behalf of another.

U.S. attorneys or agents wishing to withdraw from representation in international applications may request to do so. To expedite the handling of requests for permission to withdraw as attorney, the request should be submitted to the International Bureau or to the receiving Office at Mail Stop PCT and should indicate the present mailing addresses of the attorney who is withdrawing and of the applicant. The Office will not accept address changes to a new practitioner or law firm absent the filing of a power of attorney to the new representative. Because the United States Patent and Trademark Office (USPTO) does not recognize law firms, each attorney of record must sign the notice of withdrawal, or the notice of withdrawal must contain a clear indication of one attorney signing on behalf of another.

Jump to MPEP Source · 37 CFR 1.455Nationals and ResidentsSignature RequirementsPower of Attorney
Topic

Article 19 Amendment Scope

3 rules
StatutoryRequiredAlways
[mpep-1808-07fc9104d268a9f7c976abf1]
Agent Appointment Must Be Signed by Applicant
Note:
The appointment of an agent, attorney, or common representative must be signed by the applicant and submitted either in the Request form, Demand form, or a separate power of attorney to the United States Receiving Office or International Bureau.

(b) Appointment of an agent, attorney or common representative (PCT Rule 4.8) must be effected either in the Request form, signed by applicant, in the Demand form, signed by applicant, or in a separate power of attorney submitted either to the United States Receiving Office or to the International Bureau.

Jump to MPEP Source · 37 CFR 1.455Article 19 Amendment ScopeNationals and ResidentsReceiving Office (RO/US)
StatutoryRecommendedAlways
[mpep-1808-4cc2cfbb55783ef81da3952f]
Request for Attorney Withdrawal Must Include Addresses
Note:
The request to withdraw as attorney must be submitted to the International Bureau or receiving Office at Mail Stop PCT and include current mailing addresses of both the withdrawing attorney and the applicant.

U.S. attorneys or agents wishing to withdraw from representation in international applications may request to do so. To expedite the handling of requests for permission to withdraw as attorney, the request should be submitted to the International Bureau or to the receiving Office at Mail Stop PCT and should indicate the present mailing addresses of the attorney who is withdrawing and of the applicant. The Office will not accept address changes to a new practitioner or law firm absent the filing of a power of attorney to the new representative. Because the United States Patent and Trademark Office (USPTO) does not recognize law firms, each attorney of record must sign the notice of withdrawal, or the notice of withdrawal must contain a clear indication of one attorney signing on behalf of another.

Jump to MPEP Source · 37 CFR 1.455Article 19 Amendment ScopeReceiving Office (RO/US)Request Content and Form
StatutoryRecommendedAlways
[mpep-1808-3f1bc2d71daac67fc115c660]
Change of Agent Not Recorded After 30 Months
Note:
The International Bureau will not record a change in the agent if the request is received after 30 months from the priority date.

Practitioners should note that the International Bureau will not record a change in the agent if the requested change is received by it after the expiration of 30 months from the priority date. See PCT Rule 92bis. Where a request to withdraw from representation is filed with the USPTO after the expiration of this time period, the request may not be treated on the merits.

Jump to MPEP Source · 37 CFR 1.455Article 19 Amendment ScopeNational Stage Entry Timing (30 Months)Priority Claim in PCT
Topic

Signature Requirements

3 rules
StatutoryPermittedAlways
[mpep-1808-287233b26df0f6f20f280dfc]
Notification Must Be Signed by Agent or Representative
Note:
The applicant must be informed of the renunciation through a notification signed by the agent or common representative.

Renunciation of an appointment may be made by means of a notification signed by the agent or common representative. The applicant is informed of the renunciation by the International Bureau.

Jump to MPEP Source · 37 CFR 1.455Signature Requirements
StatutoryInformativeAlways
[mpep-1808-18c2bda5a5d53d36cfecaf5b]
Applicant Informed of Agent's Renunciation
Note:
The applicant is notified by the International Bureau when an agent renounces their appointment.

Renunciation of an appointment may be made by means of a notification signed by the agent or common representative. The applicant is informed of the renunciation by the International Bureau.

Jump to MPEP Source · 37 CFR 1.455Signature Requirements
MPEP GuidancePermittedAlways
[mpep-1808-c9ede9425afeb3da83a0ce86]
Agent Can Renounce Appointment by Signed Notice
Note:
An agent or common representative may renounce their appointment through a signed notification.

(d) An agent or a common representative may renounce his appointment by a notification signed by him.

Jump to MPEP SourceSignature Requirements
Topic

Signature Requirements

2 rules
StatutoryRequiredAlways
[mpep-1808-5f186a485fd0baaf4cecaac5]
Attorney May Appoint Associate Who Is of Record
Note:
An attorney may appoint an associate who will also be recorded as a representative for the case.

(a) Applicants of international applications may be represented by attorneys or agents registered to practice before the United States Patent and Trademark Office or by an applicant appointed as a common representative (PCT Art. 49, Rules 4.8 and 90 and § 11.9). If applicants have not appointed an attorney or agent or one of the applicants to represent them, and there is more than one applicant, the applicant first named in the request and who is entitled to file in the U.S. Receiving Office shall be considered to be the common representative of all the applicants. An attorney or agent having the right to practice before a national office with which an international application is filed and for which the United States is an International Searching Authority or International Preliminary Examining Authority may be appointed to represent the applicants in the international application before that authority. An attorney or agent may appoint an associate attorney or agent who shall also then be of record (PCT Rule 90.1(d)). The appointment of an attorney or agent, or of a common representative, revokes any earlier appointment unless otherwise indicated (PCT Rule 90.6(b) and (c)).

Jump to MPEP Source · 37 CFR 11.9Signature RequirementsPatent Cooperation TreatyNationals and Residents
StatutoryInformativeAlways
[mpep-1808-c72ebe0c1ffea15b50f8cacb]
Revocation of Earlier Appointment
Note:
An appointment of an attorney, agent, or common representative revokes any previous appointments unless otherwise specified.

(a) Applicants of international applications may be represented by attorneys or agents registered to practice before the United States Patent and Trademark Office or by an applicant appointed as a common representative (PCT Art. 49, Rules 4.8 and 90 and § 11.9). If applicants have not appointed an attorney or agent or one of the applicants to represent them, and there is more than one applicant, the applicant first named in the request and who is entitled to file in the U.S. Receiving Office shall be considered to be the common representative of all the applicants. An attorney or agent having the right to practice before a national office with which an international application is filed and for which the United States is an International Searching Authority or International Preliminary Examining Authority may be appointed to represent the applicants in the international application before that authority. An attorney or agent may appoint an associate attorney or agent who shall also then be of record (PCT Rule 90.1(d)). The appointment of an attorney or agent, or of a common representative, revokes any earlier appointment unless otherwise indicated (PCT Rule 90.6(b) and (c)).

Jump to MPEP Source · 37 CFR 11.9Signature RequirementsPatent Cooperation TreatyNationals and Residents
Topic

Power of Attorney Requirements

2 rules
StatutoryInformativeAlways
[mpep-1808-c716caa1120819425750a368]
Requirements for Revoking Appointment
Note:
The rules for signing and submitting a power of attorney also apply to revoking an appointment.

The rules for signing and submission of a power of attorney set forth in PCT Rule 90.4(b) and (c) also apply to a revocation or renunciation of an appointment. See PCT Rule 90.6(e).

Jump to MPEP Source · 37 CFR 1.455Power of Attorney RequirementsRevocation of Power of AttorneyPatent Cooperation Treaty
StatutoryInformativeAlways
[mpep-1808-286ec9417ddb2ce04886d23c]
Practitioner Acting Without Power of Attorney Cannot Withdraw
Note:
A practitioner who acts in a representative capacity without being appointed in a power of attorney cannot withdraw from an application.

The Office will not approve requests from practitioners to withdraw from applications where the requesting practitioner was not appointed in a power of attorney but is acting, or has acted, in a representative capacity pursuant to 37 CFR 1.34. In these situations, the practitioner is responsible for the correspondence the practitioner files in the application while acting in a representative capacity. As such, there is no need for the practitioner to obtain the permission of the Office to withdraw from representation.

Jump to MPEP Source · 37 CFR 1.34Power of Attorney RequirementsPower of AttorneyPractitioner Recognition and Conduct
Topic

Patent Cooperation Treaty

2 rules
StatutoryInformativeAlways
[mpep-1808-91c649e66ddc9a40e44a9b52]
Requirement for Revoking Appointment
Note:
The rules for signing and submitting a power of attorney apply to revoking an appointment as well.

The rules for signing and submission of a power of attorney set forth in PCT Rule 90.4(b) and (c) also apply to a revocation or renunciation of an appointment. See PCT Rule 90.6(e).

Jump to MPEP Source · 37 CFR 1.455Patent Cooperation TreatyPower of Attorney RequirementsRevocation of Power of Attorney
StatutoryInformativeAlways
[mpep-1808-fd8827c9b8ed459123f5c041]
Request to Change Agent After Priority Deadline Not Recorded
Note:
Requests to change the agent after 30 months from the priority date are not recorded by the International Bureau.

Practitioners should note that the International Bureau will not record a change in the agent if the requested change is received by it after the expiration of 30 months from the priority date. See PCT Rule 92bis. Where a request to withdraw from representation is filed with the USPTO after the expiration of this time period, the request may not be treated on the merits.

Jump to MPEP Source · 37 CFR 1.455Patent Cooperation TreatyArticle 19 Amendment ScopeNational Stage Entry Timing (30 Months)
Topic

Request Content and Form

2 rules
StatutoryPermittedAlways
[mpep-1808-42e9eac47de2dfb2e474100a]
Request for Withdrawal as Attorney in International Applications
Note:
U.S. attorneys must submit a request to withdraw from international applications, indicating their and the applicant's mailing addresses.

U.S. attorneys or agents wishing to withdraw from representation in international applications may request to do so. To expedite the handling of requests for permission to withdraw as attorney, the request should be submitted to the International Bureau or to the receiving Office at Mail Stop PCT and should indicate the present mailing addresses of the attorney who is withdrawing and of the applicant. The Office will not accept address changes to a new practitioner or law firm absent the filing of a power of attorney to the new representative. Because the United States Patent and Trademark Office (USPTO) does not recognize law firms, each attorney of record must sign the notice of withdrawal, or the notice of withdrawal must contain a clear indication of one attorney signing on behalf of another.

Jump to MPEP Source · 37 CFR 1.455Request Content and FormPCT Request FormArticle 19 Amendment Scope
StatutoryProhibitedAlways
[mpep-1808-4fa57e957475195ac6a8dcb9]
Request to Withdraw Representation After Time Period Not Treated
Note:
A request to withdraw from representation filed with the USPTO after the expiration of the 30-month period cannot be considered.

Practitioners should note that the International Bureau will not record a change in the agent if the requested change is received by it after the expiration of 30 months from the priority date. See PCT Rule 92bis. Where a request to withdraw from representation is filed with the USPTO after the expiration of this time period, the request may not be treated on the merits.

Jump to MPEP Source · 37 CFR 1.455Request Content and FormPCT Request FormArticle 19 Amendment Scope
Topic

Practitioner Recognition and Conduct

2 rules
StatutoryInformativeAlways
[mpep-1808-3deb1db3f6135d5d912a0714]
Practitioner Responsible for Correspondence While Acting Representatively
Note:
A practitioner must take responsibility for the correspondence filed in an application when acting on behalf of a client, even if not appointed by power of attorney.

The Office will not approve requests from practitioners to withdraw from applications where the requesting practitioner was not appointed in a power of attorney but is acting, or has acted, in a representative capacity pursuant to 37 CFR 1.34. In these situations, the practitioner is responsible for the correspondence the practitioner files in the application while acting in a representative capacity. As such, there is no need for the practitioner to obtain the permission of the Office to withdraw from representation.

Jump to MPEP Source · 37 CFR 1.34Practitioner Recognition and ConductPower of Attorney RequirementsPower of Attorney
StatutoryInformativeAlways
[mpep-1808-49e5319f380371684d592c6d]
Practitioner Can Withdraw Without Office Approval
Note:
A practitioner who has acted in a representative capacity does not need to obtain permission from the Office to withdraw from representation.

The Office will not approve requests from practitioners to withdraw from applications where the requesting practitioner was not appointed in a power of attorney but is acting, or has acted, in a representative capacity pursuant to 37 CFR 1.34. In these situations, the practitioner is responsible for the correspondence the practitioner files in the application while acting in a representative capacity. As such, there is no need for the practitioner to obtain the permission of the Office to withdraw from representation.

Jump to MPEP Source · 37 CFR 1.34Practitioner Recognition and ConductPower of Attorney RequirementsPower of Attorney
Topic

Receiving Office (RO/US)

1 rules
StatutoryRequiredAlways
[mpep-1808-b4fa4475562a93dcd6286755]
First Named Applicant as Common Representative
Note:
If multiple applicants have not appointed a representative and are filing in the U.S. Receiving Office, the first named applicant will represent all.

(a) Applicants of international applications may be represented by attorneys or agents registered to practice before the United States Patent and Trademark Office or by an applicant appointed as a common representative (PCT Art. 49, Rules 4.8 and 90 and § 11.9). If applicants have not appointed an attorney or agent or one of the applicants to represent them, and there is more than one applicant, the applicant first named in the request and who is entitled to file in the U.S. Receiving Office shall be considered to be the common representative of all the applicants. An attorney or agent having the right to practice before a national office with which an international application is filed and for which the United States is an International Searching Authority or International Preliminary Examining Authority may be appointed to represent the applicants in the international application before that authority. An attorney or agent may appoint an associate attorney or agent who shall also then be of record (PCT Rule 90.1(d)). The appointment of an attorney or agent, or of a common representative, revokes any earlier appointment unless otherwise indicated (PCT Rule 90.6(b) and (c)).

Jump to MPEP Source · 37 CFR 11.9Receiving Office (RO/US)Request Content and FormSignature Requirements
Topic

PCT International Application Filing

1 rules
StatutoryInformativeAlways
[mpep-1808-f5075415223b89c52f0a75e4]
Power of Attorney Required for Address Changes
Note:
The Office requires a power of attorney to the new representative before accepting address changes for a new practitioner or law firm.

U.S. attorneys or agents wishing to withdraw from representation in international applications may request to do so. To expedite the handling of requests for permission to withdraw as attorney, the request should be submitted to the International Bureau or to the receiving Office at Mail Stop PCT and should indicate the present mailing addresses of the attorney who is withdrawing and of the applicant. The Office will not accept address changes to a new practitioner or law firm absent the filing of a power of attorney to the new representative. Because the United States Patent and Trademark Office (USPTO) does not recognize law firms, each attorney of record must sign the notice of withdrawal, or the notice of withdrawal must contain a clear indication of one attorney signing on behalf of another.

Jump to MPEP Source · 37 CFR 1.455PCT International Application FilingPower of AttorneyArticle 19 Amendment Scope
Topic

Patent Term Expiration

1 rules
StatutoryInformativeAlways
[mpep-1808-aa85df79503183b6fe475061]
Practitioner Must Notify Client Before Withdrawal
Note:
The practitioner must give reasonable notice to the client before withdrawing from representation and deliver all papers and property to which the client is entitled.

In accordance with 37 CFR 11.116, the USPTO will usually require the practitioner(s) to certify that he, she or they have: (1) given reasonable notice to the client, prior to the expiration of the reply period, that the practitioner(s) intends to withdraw from employment; and (2) delivered to the client or a duly authorized representative of the client all papers and property (including funds) to which the client is entitled. Furthermore, as 37 CFR 11.116 permits withdrawal from representation before the Office for reasons set forth in 37 CFR 11.116(a) and (b), if the reasons for withdrawal do not conform to one of the mandatory or permissive reasons set forth in 37 CFR 11.116, the Office will not approve the request.

Jump to MPEP Source · 37 CFR 11.116Patent Term ExpirationPatent TermPractitioner Recognition and Conduct

Citations

Primary topicCitation
Power of Attorney Requirements
Practitioner Recognition and Conduct
37 CFR § 1.34
Patent Term Expiration37 CFR § 11.116
Patent Term Expiration37 CFR § 11.116(a)
Nationals and Residents
Receiving Office (RO/US)
Signature Requirements
37 CFR § 11.9
Customer Number PracticeMPEP § 1807
MPEP § 402.06
section 108 of the Administrative Instructions
Article 19 Amendment ScopePCT Rule 4.8
Nationals and Residents
Patent Cooperation Treaty
Power of Attorney Requirements
Receiving Office (RO/US)
Signature Requirements
PCT Rule 90.6(e)
Article 19 Amendment Scope
Patent Cooperation Treaty
Request Content and Form
PCT Rule 92bis

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.

BlueIron Last Updated: 2025-12-31