Patent Law FAQ

A person acting in a representative capacity under 37 CFR 1.34 may execute a power to inspect an application only if:

• The patent practitioner was named in the application transmittal papers filed under 37 CFR 1.53 or the national stage documents filed under 37 CFR 1.495, and
• A power of attorney has not been appointed under 37 CFR 1.32.

Once a power of attorney has been filed, any previously filed power to inspect signed by a patent practitioner who does not have a power of attorney will cease to have effect.

For applications filed on or after September 16, 2012, the power of attorney from a prior application may have effect in the continuing application under certain conditions. The MPEP states: 37 CFR 1.32(d) provides that a power of attorney from a prior national application for which benefit is claimed under 35 U.S.C. 120, 121, or 365(c) in a continuing application may have effect in the continuing application if a copy of the power of attorney from the prior application is filed in the continuing application unless: (1) The power of attorney was granted by the inventor; and (2) The continuing application names an inventor who was not named as an inventor in the prior application. It’s recommended to file a copy of the power of attorney in the continuing application in all situations to clarify the record.

To learn more:

• power of attorney
• continuing application
• prior application

In patent applications filed before September 16, 2012, the power of attorney can be signed by either the inventor(s) or the assignee of the entire interest. However, the MPEP recommends that the assignee sign the power of attorney when one exists. As stated in the MPEP:

While a power of attorney may be signed by the inventor(s), the power of attorney should be signed by the assignee of the entire interest where one exists. Otherwise, the assignee may be paying the bill, while the inventor is providing the power of attorney, thereby possibly raising an issue as to who is the practitioner’s client.

This recommendation aims to avoid potential conflicts and ensure clear representation in cases where the relationship between the assignee and inventors may deteriorate.

To learn more:

• power of attorney
• patent application
• pre-AIA
• assignee
• inventor

During interference or derivation proceedings, power of attorney changes are handled by a specific entity within the USPTO. According to MPEP 402.08:

While an application is involved in an interference or derivation proceeding, any power of attorney of or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration.

This means that the Patent Trial and Appeal Board (PTAB) is responsible for considering and processing any changes to power of attorney during these special proceedings. This differs from the normal procedure for regular patent applications, where such changes would typically be handled by the Office of Patent Application Processing or the examining corps.

To learn more:

• Patent Trial and Appeal Board
• PTAB
• power of attorney
• interference proceeding
• derivation proceeding

For applications filed on or after September 16, 2012, a power of attorney must be signed by the applicant for patent (i.e., all parties identified as the applicant as defined by 37 CFR 1.42(a)) or the patent owner. For applications filed before September 16, 2012, a power of attorney can be signed by the applicant or the assignee of the entire interest of the applicant.

As stated in MPEP 402.02(a): “For applications filed on or after September 16, 2012, 37 CFR 1.32(b)(4) sets forth that a power of attorney must be signed by the applicant for patent (i.e., all parties identified as the applicant as defined by 37 CFR 1.42(a)) or the patent owner (for reissue applications, reexamination proceedings and supplemental examination proceedings).”

A revocation of power of attorney becomes effective on the date it is received by the USPTO, not on the date it is accepted. As stated in MPEP 402.05: 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). The Office will send an appropriate notification upon revocation.

To learn more:

• power of attorney
• revocation
• effective date
• USPTO notification

MPEP 402.08 has important implications for independent inventors involved in interference proceedings. The key provision states:

While an application is involved in an interference or derivation proceeding, any power of attorney of or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration.

For independent inventors, this means:

• Changes in legal representation during an interference proceeding must be approved by the PTAB.
• There may be additional complexity and potential delays in changing attorneys.
• Inventors should carefully consider the timing of any representation changes.
• Direct communication with the PTAB may be necessary regarding power of attorney matters.

Independent inventors should be aware of these special procedures to navigate interference proceedings effectively and ensure proper legal representation throughout the process.

To learn more:

• independent inventors
• interference proceeding
• power of attorney
• PTAB
• MPEP 402.08

To learn more:

• MPEP 402.08

What is the significance of a power of attorney in patent applications?

A power of attorney is a crucial document in patent applications that authorizes an attorney or agent to act on behalf of the applicant or assignee. According to MPEP 402.04, “A power of attorney may be filed in an individual application, either original or reissue, and in any national stage application.” This document allows the designated representative to make decisions, file documents, and communicate with the USPTO on behalf of the applicant. It’s important to note that the power of attorney must be properly executed and filed to be effective.

To learn more:

• power of attorney
• patent applications
• USPTO
• representative

What is the significance of a customer number in patent applications filed after September 16, 2012?

A customer number holds significant importance in patent applications filed after September 16, 2012, particularly for managing practitioner representation. Here’s why:

• It allows for efficient management of multiple practitioners
• Power of attorney can be given to a customer number
• It simplifies the process of adding or removing practitioners
• Correspondence address can be associated with a customer number

According to MPEP 403.01(a): ‘A power of attorney or authorization of agent may be given to a customer number in applications filed on or after September 16, 2012.’ This provision streamlines the process of managing representation for applicants and practitioners alike.

Furthermore, the MPEP states: ‘If a practitioner is not of record, correspondence will be sent to the applicant’s correspondence address as shown in the application or the Patent Application Locating and Monitoring (PALM) system.’ This underscores the importance of keeping the customer number and associated information up to date.

To learn more:

• customer number
• patent application
• power of attorney
• correspondence address
• PALM system

The main difference in power of attorney revocation between pre-AIA (before September 16, 2012) and post-AIA (on or after September 16, 2012) applications lies in who can sign the power of attorney and the process for revocation:

• Post-AIA (on or after September 16, 2012): The power of attorney must be signed by the applicant or patent owner. For an assignee to revoke a power of attorney, they must first become the applicant under 37 CFR 1.46(c).
• Pre-AIA (before September 16, 2012): The assignee of record of the entire interest can revoke the power of attorney of the applicant directly, provided they establish their right to take action under pre-AIA 37 CFR 3.73(b).

This change reflects the shift in USPTO regulations to give more control to the applicant in post-AIA applications, while pre-AIA rules allowed more direct action by assignees.

To learn more:

• pre-AIA
• post-AIA
• power of attorney
• assignee
• patent application
• revocation

What is the difference between a principal and an associate power of attorney in patent applications?

In patent applications, there is a distinction between principal and associate powers of attorney:

• Principal Power of Attorney: This is the primary power of attorney granted by the applicant to a patent practitioner or firm.
• Associate Power of Attorney: This is a secondary power of attorney that can be granted by the principal attorney to another practitioner or firm.

According to MPEP 402.02(a):

“A principal attorney or agent may appoint an associate power of attorney to act in a representative capacity. See 37 CFR 1.32(b). An associate power of attorney is a power of attorney given to a second attorney or agent by an already appointed principal patent attorney or agent. The associate power of attorney is given by the principal attorney or agent to the associate attorney or agent, not by the applicant.”

It’s important to note that an associate power of attorney does not replace the principal power of attorney but rather supplements it, allowing for additional representation in the patent application process.

To learn more:

• power of attorney
• principal attorney
• associate attorney
• patent application

The Customer Number practice allows applicants to:

• Designate the correspondence address of a patent application or patent
• Designate the fee address of a patent
• Submit a list of practitioners who have power of attorney

Using a Customer Number allows applicants to easily change the correspondence address, fee address, or list of practitioners for multiple applications or patents by simply changing the information associated with the Customer Number.

According to MPEP 403: “A Customer Number (previously a ‘Payor Number’) may be used to: (A) designate the correspondence address of a patent application or patent such that the correspondence address for the patent application or patent would be the address associated with the Customer Number (37 CFR 1.32(a)(5)(i)); (B) designate the fee address (37 CFR 1.363) of a patent such that the fee address for the patent would be the address associated with the Customer Number (37 CFR 1.32(a)(5)(ii)); and (C) submit a list of practitioners such that those practitioners associated with the Customer Number would have power of attorney (37 CFR 1.32(a)(5)(iii)).”

What is the Customer Number Practice for power of attorney in patent applications?

The Customer Number Practice is a system used by the USPTO to simplify the process of changing the correspondence address or power of attorney for multiple patent applications. Here’s how it works:

• Practitioners are associated with a Customer Number
• The Customer Number can be used to grant power of attorney in applications
• Changes to the Customer Number automatically update all associated applications

According to the MPEP:

The Customer Number Practice permits applicants, attorneys, and agents of record to expressly request that the USPTO use a Customer Number to associate a power of attorney with a particular application. (MPEP 402.02(a))

This practice streamlines the process of managing power of attorney and correspondence addresses for multiple applications, making it more efficient for both applicants and the USPTO.

To learn more:

• Customer Number Practice
• power of attorney
• USPTO

Form PTO/AIA/82 is a USPTO form used by the applicant for patent to appoint one or more patent practitioners as power of attorney. This form consists of three parts:

• Part A (PTO/AIA/82A): A transmittal page used to identify the application to which the power of attorney is directed. It must be signed by a proper 37 CFR 1.33(b) party.
• Part B (PTO/AIA/82B): The actual power of attorney, which may also specify the correspondence address. This part must be signed by the applicant.
• Part C (PTO/AIA/82C): An optional page that may be used to appoint up to 10 patent practitioners by name and registration number.

The MPEP notes that “PTO/AIA/82 may be used like a general power of attorney, if desired.” For example, an officer of a juristic entity assignee could sign Part B, leaving the “Application Number” and “Filing Date” boxes empty. Then, a patent practitioner could complete and sign one Part A for each respective application and file a copy of Part B with each Part A.

It’s important to note that the “Application Number” and “Filing Date” boxes on Part B must be completed to identify the application if Part A or an equivalent is not filed with Part B. These boxes may not be filled in by a patent practitioner after Part B has been signed by the applicant.

To learn more:

• Power of Attorney
• Patent Practitioners
• Form PTO/AIA/82
• USPTO Forms

What is considered a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants?

The USPTO does not provide a specific definition of what constitutes a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants. According to MPEP 402.10:

A power of attorney may not be revoked by less than all of the applicants or owners of the entire interest without good and sufficient reason, and the revocation must be approved by the Director.

The determination of what qualifies as a ‘good and sufficient reason’ is made on a case-by-case basis by the Director of the USPTO. Some potential reasons could include:

• Evidence of misconduct or negligence by the current attorney
• Irreconcilable differences between the applicant(s) and the attorney
• Inability of the attorney to continue representation due to health issues or other circumstances

Applicants seeking to revoke a power of attorney with less than all signatures should provide a detailed explanation of their reasons for the request.

To learn more:

• power of attorney
• revocation
• good and sufficient reason
• USPTO Director

A Customer Number is a USPTO-assigned number that can be used to:

• Designate the correspondence address for a patent application or patent
• Designate the fee address for a patent
• Submit a list of practitioners with power of attorney

According to MPEP 403: “A Customer Number may be used to designate the address associated with the Customer Number as the correspondence address of an application (or patent) or the fee address of a patent, and may also be used to submit a power of attorney in the application (or patent) to the registered practitioners associated with the Customer Number.”

Using a Customer Number simplifies making changes to correspondence addresses and practitioner information across multiple applications.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on Customer Number, visit: Customer Number.

For more information on Fee Address, visit: Fee Address.

For more information on power of attorney, visit: power of attorney.

When a power of attorney is accepted from less than all applicants or owners, it results in multiple parties prosecuting the application simultaneously. The MPEP states:

“The acceptance of such papers by petition under 37 CFR 1.36(a) or 1.183 will result in more than one attorney, agent, applicant, or owner prosecuting the application at the same time. Therefore, each of these parties must sign all subsequent replies submitted to the Office.”

This means:

• All involved parties must sign subsequent documents.
• The USPTO will indicate who must sign future replies.
• Double correspondence is not permitted.
• Correspondence will be mailed to the attorney or agent if one is involved.
• If multiple attorneys are involved, correspondence goes to the first-named attorney unless all parties agree otherwise.

To learn more:

• Power of Attorney
• Patent Application
• USPTO
• Multiple Parties
• Correspondence

When an inventor is added to a pre-AIA patent application through a 37 CFR 1.48 request, it can affect the existing power of attorney. According to MPEP 402.05(b):

If the power of attorney was granted by the originally named inventive entity and an added inventor pursuant to § 1.48 does not provide a power of attorney consistent with the power of attorney granted by the originally named inventive entity, the addition of the inventor results in the loss of that power of attorney upon grant of the § 1.48 request.

This means that if a new inventor is added and doesn’t provide a power of attorney consistent with the original one, the original power of attorney is lost. However, this doesn’t prevent a practitioner from acting under 37 CFR 1.34, which allows for acting in a representative capacity.

To learn more:

• power of attorney
• added inventor
• pre-AIA
• 37 CFR 1.48

To learn more:

• 37 CFR 1.48

The death of an inventor (or one of the joint inventors) typically terminates the power of attorney given by the deceased inventor in an application filed before September 16, 2012, unless the power of attorney is coupled with an interest (e.g., the patent practitioner is an assignee or part-assignee). As stated in MPEP 409.01(b):

“Unless a power of attorney is coupled with an interest (i.e., a patent practitioner is assignee or part-assignee), the death of the inventor (or one of the joint inventors) terminates the power of attorney given by the deceased inventor in an application filed before September 16, 2012.”

In such cases, a new power of attorney from the heirs, administrators, executors, or assignees is necessary if the deceased inventor was the sole inventor or if all powers of attorney in the application have been terminated.

To learn more:

• power of attorney
• deceased inventor
• patent application
• pre-AIA

When a new power of attorney is filed, it generally revokes all prior powers of attorney. MPEP 402.05(a) provides several scenarios:

• If a new power of attorney is filed without explicitly revoking prior ones, it will be treated as a revocation of the original power of attorney.
• If an assignee files a new power of attorney, it revokes and replaces the original power of attorney filed by the applicant.
• If a power of attorney is given to practitioners associated with a Customer Number, and a second power of attorney is later received for a different Customer Number, the second one will replace the first.

The MPEP states:

In all of these situations, the most recently filed power of attorney will control.

This means that the latest power of attorney filed will take precedence over any previously filed ones.

To learn more:

• power of attorney
• revocation
• new filing
• Customer Number

The death of a named principal or assignee can have significant implications for an existing power of attorney in a patent application. According to MPEP 402.05:

The death of the principal may terminate the power of attorney given by him or her depending on the circumstances.

This means that the power of attorney may automatically terminate upon the death of the principal. However, the specific circumstances of each case must be considered. In cases where there are multiple applicants or assignees, the power of attorney may remain in effect for the surviving parties. It’s crucial to notify the USPTO of any changes in the status of the applicant or assignee to ensure proper representation in the patent application process. If necessary, a new power of attorney should be filed by the appropriate party, such as the executor of the deceased’s estate or the remaining applicants.

To learn more:

• power of attorney
• death of principal
• death of assignee
• patent application

For applications filed on or after September 16, 2012, 37 CFR 1.32(d) provides that a power of attorney from a prior national application may have effect in a continuing application if:

1. A copy of the power of attorney from the prior application is filed in the continuing application
2. The power of attorney was not granted by the inventor
3. The continuing application does not name an inventor who was not named in the prior application

MPEP 402.02(a) states: “37 CFR 1.32(d) specifically requires that a copy of the power of attorney from the prior application be filed in the continuing application to have effect (even where a change in power did not occur in the prior application).”

If these conditions are not met, a new power of attorney will need to be filed in the continuing application.

A power of attorney given to a suspended or disbarred patent practitioner becomes ineffective. The MPEP states: ‘Any power of attorney given to a practitioner who has been suspended or disbarred by the Office is ineffective, and does not authorize the person to practice before the Office or to represent applicants or patentees in patent matters.’ (MPEP § 407)

During an interference or derivation proceeding, any changes to the power of attorney must be forwarded to a specific board for review. As stated in MPEP 402.05: 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. This ensures that the appropriate authority handles changes in representation during these specialized proceedings.

To learn more:

• interference proceeding
• derivation proceeding
• power of attorney
• Patent Trial and Appeal Board

When a patent practitioner dies, their power of attorney is automatically revoked or terminated. According to the MPEP, The power of attorney of a patent practitioner will be revoked or terminated by his or her death. (MPEP 406)

When revoking a power of attorney in a situation where there is no practitioner of record, special considerations apply. The MPEP 402.05 states:

‘If a power of attorney is revoked, and a new power of attorney is not promptly filed, then pursuant to 37 CFR 1.33(a) the correspondence address will be changed to that of the inventor(s) or assignee(s) who last provided a correspondence address.’

This means:

• The USPTO will change the correspondence address to that of the inventor(s) or assignee(s).
• The last provided correspondence address by the inventor(s) or assignee(s) will be used.
• All future communications from the USPTO will be sent to this address.
• It’s crucial to provide a new power of attorney or update the correspondence address promptly to ensure receipt of important communications.

To learn more:

• power of attorney
• revocation
• correspondence address
• no practitioner of record

When there are multiple applicants for a patent and only some give power of attorney, the USPTO has specific rules to handle the situation. According to MPEP 402:

‘Where a power of attorney is given by fewer than all of the applicants or owners, the power of attorney is not accepted until a petition under 37 CFR 1.36(b) is granted.’

This means:

• The power of attorney is not automatically accepted if not all applicants have signed it.
• A petition under 37 CFR 1.36(b) must be filed and granted for the partial power of attorney to be accepted.
• The petition should explain why it was not possible to obtain signatures from all applicants.
• The Office of Petitions will review the petition and make a determination.

It’s generally recommended to obtain signatures from all applicants to avoid delays and potential issues with the patent application process.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO, visit: USPTO.

What happens if not all joint inventors sign a power of attorney in a patent application?

If not all joint inventors sign a power of attorney in a patent application, the power of attorney is not effective. According to MPEP 402.10:

A power of attorney must be signed by all of the applicants, or all of the assignees of the entire interest, or all parties entitled to prosecute the application, unless otherwise specified.

This means that for the power of attorney to be valid, it must be signed by all parties with the right to prosecute the application. If some inventors haven’t signed, the USPTO will treat the application as if no power of attorney has been appointed.

To learn more:

• power of attorney
• joint inventors
• patent application
• USPTO

What happens if not all inventors sign the power of attorney in a pre-September 16, 2012 application?

For applications filed before September 16, 2012, it’s crucial that all inventors who have not assigned their rights sign the power of attorney. According to MPEP 402.02(b):

If no power of attorney is on file, then a party who is not an inventor, but who has given a proper showing of ownership or of authority to take action for and on behalf of all of the applicant may appoint an attorney or agent to prosecute the application, subject to the same exception noted above.

If not all inventors sign, the power of attorney may be considered incomplete or invalid. In such cases, the USPTO may require a new power of attorney signed by all parties with the right to prosecute the application, or may accept communications only from the inventors themselves until the issue is resolved.

To learn more:

• power of attorney
• inventor signatures
• pre-AIA applications

What happens if an attorney or agent withdraws without notifying the USPTO?

If an attorney or agent withdraws from representation without notifying the USPTO, it can lead to several issues:

• The USPTO will continue to recognize the attorney or agent as the representative of record.
• Official correspondence will still be sent to the attorney or agent, potentially causing delays or missed deadlines.
• The applicant may not receive important communications about their application.

According to MPEP 402.06: “A registered attorney or agent who has been given a power of attorney and who withdraws from the application without relinquishing the power of attorney to the USPTO is still considered to be the attorney or agent of record.” To properly withdraw, the attorney or agent should follow the procedures outlined in 37 CFR 1.36 and notify the USPTO in writing.

To learn more:

• attorney withdrawal
• agent withdrawal
• USPTO notification
• power of attorney

When a new power of attorney is filed that lists only one of two previously appointed patent practitioners, it has significant implications. According to MPEP 403.02:

“Note that if the later-filed power of attorney only lists the second practitioner, the later-filed power of attorney serves as a revocation of the earlier-filed power of attorney, even without an express revocation of the power of the first patent practitioner.”

This means that filing a new power of attorney listing only one practitioner effectively revokes the authority of the previously appointed practitioner, even if the revocation is not explicitly stated. This is an important consideration for applicants and practitioners when making changes to representation.

To learn more:

• power of attorney
• patent practitioners
• revocation
• USPTO procedures

For patent applications filed before September 16, 2012, the USPTO recommends specific forms for powers of attorney. According to the MPEP:

Form PTO/SB/80 or PTO/SB/81 (available at www.uspto.gov/patent/patents-forms) should be used for powers of attorney in applications filed before September 16, 2012.

Additionally, for patents that issued from applications filed before September 16, 2012, Form PTO/SB/81A may be used. It’s important to note that the USPTO no longer recommends or provides combined declaration and power of attorney forms. Practitioners should use separate forms for declarations and powers of attorney.

To learn more:

• power of attorney
• patent application
• pre-AIA
• USPTO forms

For pre-AIA applications (filed before September 16, 2012), the MPEP mentions a specific form that can be used by assignees to revoke a power of attorney and appoint a new one:

Form PTO/SB/80 may be used by an assignee of the entire interest of the applicant to revoke a power of attorney and appoint a new power of attorney.

The process involves:

• The assignee signing the power of attorney (Form PTO/SB/80)
• Either the assignee or the newly appointed practitioner signing a statement under pre-AIA 37 CFR 3.73(b)

Additionally, Form PTO/SB/96 or an equivalent can be used for the Statement Under pre-AIA 37 CFR 3.73(b). For details on who can sign this statement, refer to MPEP § 324, subsection V.

To learn more:

• pre-AIA
• power of attorney
• assignee
• revocation
• USPTO forms

The USPTO provides several forms for appointing a power of attorney in patent applications filed on or after September 16, 2012. These forms are available on the USPTO website and include:

• PTO/AIA/80: For use by assignees who are either the named applicant or are becoming the applicant.
• PTO/AIA/81: For use by joint inventors who are the applicant to give one or more joint inventor-applicants power of attorney.
• PTO/AIA/82: For use by the applicant for patent to appoint one or more patent practitioners.
• PTO/AIA/81A: For use in appointing a power of attorney in a patent resulting from an application filed on or after September 16, 2012.

Each form has specific uses and requirements. For example, Form PTO/AIA/80 must be accompanied by a statement under 37 CFR 3.73(c) (Form PTO/AIA/96 or equivalent) and must be signed by the named assignee or a person authorized to act on behalf of the assignee.

To learn more:

• Power of Attorney
• Patent Forms
• USPTO Forms

What documents are required for an assignee to revoke power of attorney in a patent application?

To revoke power of attorney in a patent application, an assignee must submit specific documents to the USPTO. According to MPEP 402.07, the required documents are:

• Statement under 37 CFR 3.73(c): This establishes the assignee’s ownership.
• Revocation of the existing power of attorney
• New power of attorney from the assignee

The MPEP states:

“The assignee of the entire interest can revoke the power of attorney of the applicant and appoint its own patent practitioner. The assignee must become of record as provided in 37 CFR 3.71. After the assignee becomes of record, the assignee is permitted to revoke the power of attorney of the applicant under the provisions of 37 CFR 1.36(a).”

It’s crucial to ensure all documents are properly executed and filed with the USPTO to effectively change the power of attorney.

To learn more:

• power of attorney
• assignee documents
• USPTO requirements
• patent application

For applications filed before September 16, 2012, the process for an assignee to revoke a power of attorney is different. According to the MPEP:

In applications filed before September 16, 2012, the assignee of record of the entire interest can revoke the power of attorney of the applicant unless an ‘irrevocable’ right to prosecute the application had been given as in some government owned applications.

The assignee must establish their right to take action as provided in pre-AIA 37 CFR 3.73(b). Once this is done, a power of attorney by the assignee of the entire interest revokes all powers given by the applicant and prior assignees.

Form PTO/SB/80 can be used by an assignee to revoke a power of attorney and appoint a new one. The assignee would sign the power of attorney, and either the assignee or the newly appointed practitioner would sign a statement under pre-AIA 37 CFR 3.73(b).

To learn more:

• pre-AIA
• power of attorney
• assignee
• patent application
• revocation

What are the requirements for a power of attorney to be valid in patent applications?

For a power of attorney to be valid in patent applications, it must meet the following requirements:

• It must be signed by the applicant for patent (e.g., the inventor) or the assignee of the entire interest.
• It must be in writing.
• It must name one or more representatives to act on behalf of the principal.

As stated in MPEP 402.04: ‘The power of attorney must be signed by the applicant for patent (e.g., the inventor(s)) or the assignee of the entire interest of the applicant.’ This ensures that only authorized individuals can appoint representatives to act on behalf of the applicant or assignee in patent matters.

To learn more:

• power of attorney
• patent applications
• validity requirements

For patent applications filed on or after September 16, 2012, the general requirements for powers of attorney are:

• The power of attorney must be in writing.
• It must name one or more representatives.
• It must give the representative power to act on behalf of the principal.
• It must be signed by the applicant for patent or the patent owner.

According to 37 CFR 1.32(b)(4), “A power of attorney must: […] (4) Be signed by the applicant for patent (§ 1.42) or the patent owner. A patent owner who was not the applicant under § 1.46 must appoint any power of attorney in compliance with §§ 3.71 and 3.73 of this chapter.”

It’s important to note that an assignee who is not an applicant cannot revoke or appoint a power of attorney in a patent application.

To learn more:

• Power of Attorney
• Patent Application
• Applicant
• Inventor
• Assignee

There are significant differences in power of attorney requirements for patent applications filed before and after September 16, 2012. Key differences include:

• Signature Requirements: For applications filed on or after September 16, 2012, the power of attorney must be signed by the applicant for patent or the patent owner. For applications filed before September 16, 2012, it must be signed by the applicant for patent or the assignee of the entire interest of the applicant.
• Definition of Applicant: The definition of ‘applicant’ changed with the America Invents Act. For applications filed on or after September 16, 2012, the applicant can be the inventor(s) or a non-inventor applicant (e.g., an assignee).
• Forms: Different forms are used for applications filed before and after September 16, 2012. For example, Form PTO/AIA/80 is used for applications filed on or after September 16, 2012, while Form PTO/SB/80 is used for earlier applications.

It’s crucial to use the correct forms and follow the appropriate rules based on the application’s filing date to ensure the power of attorney is properly executed and recognized by the USPTO.

To learn more:

• power of attorney
• patent application
• America Invents Act
• USPTO forms

When two patent practitioners are appointed, the handling of correspondence depends on how and when they were appointed. According to MPEP 403.02:

“If, after one patent practitioner is appointed, a second patent practitioner is later added by submission of a new power of attorney appointing both practitioners, correspondence will be mailed to the latest correspondence address of record.”

This means that the USPTO will use the most recently provided correspondence address. It’s important to note that this is governed by 37 CFR 1.33 and 37 CFR 1.76, which provide regulations on correspondence and application data sheets.

To learn more:

• patent practitioners
• correspondence address
• USPTO communication
• power of attorney

When two patent practitioners are appointed for the same application:

• If appointed simultaneously, the applicant should specify which address to use for correspondence.
• If a second practitioner is added later, correspondence will be sent to the most recently provided correspondence address.
• A new power of attorney appointing only the second practitioner effectively revokes the power of the first practitioner.

According to MPEP 403.02: “If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address. … If, after one patent practitioner is appointed, a second patent practitioner is later added by submission of a new power of attorney appointing both practitioners, correspondence will be mailed to the latest correspondence address of record. … Note that if the later-filed power of attorney only lists the second practitioner, the later-filed power of attorney serves as a revocation of the earlier-filed power of attorney, even without an express revocation of the power of the first patent practitioner.”

In international patent applications, a common representative can be appointed in several ways. According to MPEP 402.09 and 37 CFR 1.455(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.

If no specific appointment is made and there are multiple applicants, the first named applicant who is entitled to file with the U.S. Receiving Office is considered the common representative by default, as stated in 37 CFR 1.455(a).

To learn more:

• common representative
• international patent applications
• PCT
• power of attorney
• USPTO

The USPTO takes specific actions regarding powers of attorney granted to suspended or excluded practitioners. According to MPEP 407:

The Office of Enrollment and Discipline (OED) Director will contact the Director of the Technology Center (TC) managing the application when a practitioner has been suspended or excluded from practice. The OED Director will request that the TC Director review a pending application to determine whether the practitioner has been granted a power of attorney. If the suspended or excluded practitioner was given a power of attorney, the TC Director will notify the applicant and request a new power of attorney.

The process typically involves:

• Identification of affected applications by the OED Director
• Review of power of attorney status by the TC Director
• Notification to the applicant if a power of attorney exists
• Request for a new power of attorney from the applicant
• Potential application abandonment if no response is received within 30 days

For more information on power of attorney, visit: power of attorney.

How does the USPTO handle interviews for applications with multiple practitioners of record?

The USPTO has specific guidelines for handling interviews when multiple practitioners are of record for a patent application. MPEP 408 provides guidance on this situation:

‘Where a registered practitioner has been given a power of attorney or authorization of agent, only that practitioner, a practitioner appointed in an associate power of attorney or authorization of agent, or another registered practitioner who has the permission of one of the aforementioned practitioners may conduct an interview.’

This means that when multiple practitioners are of record, any one of them can conduct the interview. However, it’s important to note that clear communication between the practitioners is crucial to ensure consistent representation of the applicant’s interests. The USPTO typically communicates with the practitioner who initiated the interview or the one designated as the primary contact for the application.

For more information on patent examination, visit: patent examination.

For more information on power of attorney, visit: power of attorney.

How does the USPTO handle correspondence from multiple attorneys in a patent application?

The USPTO has specific guidelines for handling correspondence from multiple attorneys in a patent application:

• If multiple attorneys are listed on the Power of Attorney form, the USPTO will direct all correspondence to the first listed attorney.
• The first listed attorney is considered the ‘correspondence address’ for official communications.
• As stated in MPEP 403.01(a): ‘If more than one attorney is of record, the Office will direct correspondence to the first listed attorney in the Power of Attorney.’
• Other listed attorneys can still communicate with the USPTO, but official correspondence will be sent to the designated address.

This approach ensures clear communication channels and prevents confusion in multi-attorney cases.

To learn more:

• USPTO correspondence
• multiple attorneys
• patent application
• Power of Attorney

How does the USPTO handle correspondence for applications with multiple attorneys or agents?

When an application has multiple attorneys or agents of record, the USPTO follows specific guidelines for correspondence:

• The USPTO will direct all correspondence to the first named attorney or agent of record, unless otherwise specified.
• If a customer number is provided, correspondence will be sent to the address associated with that customer number.
• Applicants can designate one or more attorneys or agents to receive correspondence by filing a power of attorney or including the information in an application data sheet.

As stated in the MPEP:

If applicant provides, in a single paper, a list of patent practitioners and a correspondence address without also filing a clear power of attorney to a patent practitioner, the Office will direct all correspondence to the correspondence address pursuant to 37 CFR 1.33(a). (MPEP 403)

It’s important to clearly designate correspondence preferences to ensure proper communication with the USPTO.

For more information on patent agents, visit: patent agents.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO correspondence, visit: USPTO correspondence.

The USPTO has specific procedures for handling changes in power of attorney and correspondence address. According to MPEP 403:

‘A new power of attorney or change of correspondence address filed in a patent application or patent does not change the correspondence address for any other application or patent.’

Key points to remember:

• Each application or patent is treated separately.
• A change in one application doesn’t automatically apply to others, even if filed by the same applicant or assignee.
• To change multiple applications, you must file separate requests for each one.
• Using a customer number can simplify this process for multiple applications.

It’s crucial to ensure that any changes are properly filed and recorded to maintain effective communication with the USPTO.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO, visit: USPTO.

The USPTO determines the correspondence address based on the most recent information provided. According to MPEP 403.02:

“If, after one patent practitioner is appointed, a second patent practitioner is later added by submission of a new power of attorney appointing both practitioners, correspondence will be mailed to the latest correspondence address of record.”

This means that the USPTO will use the most recently provided correspondence address, regardless of which practitioner it is associated with. This practice is governed by 37 CFR 1.33 and 37 CFR 1.76, which provide regulations on correspondence and application data sheets. It’s crucial for applicants and practitioners to keep the correspondence address up to date to ensure proper communication with the USPTO.

To learn more:

• correspondence address
• USPTO communication
• patent practitioners
• power of attorney

The death of an inventor can have significant implications for power of attorney in a patent application. According to MPEP 409.01(a):

Unless a power of attorney is coupled with an interest (i.e., a patent practitioner is assignee or part-assignee), the death of an inventor who is an applicant party terminates the power of attorney given by the deceased inventor in an application filed on or after September 16, 2012.

This means that in most cases, when an inventor who is also an applicant dies, any power of attorney they had given is automatically terminated. As a result:

• If the deceased inventor was the sole inventor-applicant, a new power of attorney is necessary.
• If all powers of attorney in the application have been terminated due to the inventor’s death, a new power of attorney is required.
• The new power of attorney must come from the heirs, administrators, executors, or assignees of the deceased inventor.

It’s important for legal representatives and other parties involved in the patent application to be aware of this and take appropriate action to ensure the application can continue to be prosecuted effectively.

To learn more:

• power of attorney
• deceased inventor
• patent application
• legal representative

How does the AIA impact power of attorney for applications filed before September 16, 2012?

The America Invents Act (AIA) does not significantly change the power of attorney requirements for applications filed before September 16, 2012. As stated in MPEP 402.02(b):

For applications filed before September 16, 2012, all parties having the right to prosecute the application at the time of filing the power of attorney must act together in appointing a power of attorney.

This means that the pre-AIA rules continue to apply for these older applications. However, it’s important to note that any new applications filed on or after September 16, 2012, are subject to the updated AIA rules regarding power of attorney.

To learn more:

• AIA
• power of attorney
• pre-AIA applications

When a power of attorney is revoked, it affects pending applications as follows:

• The revocation is effective upon receipt in the USPTO.
• It applies to all pending applications in which the attorney or agent was appointed, unless specifically limited.
• The Office will not communicate further with the revoked attorney/agent.
• The applicant must appoint a new representative or correspond directly with the Office.

As stated in MPEP 402.05: ‘A power of attorney may be revoked at any stage in the proceedings of a case.’ This means the revocation can occur at any point during the patent application process.

To learn more:

• power of attorney
• revocation
• pending applications
• USPTO communication

When a power of attorney is revoked, it’s important to understand its impact on pending amendments in a patent application. According to MPEP 402.05:

Any amendments made in an application after the filing date of the application will not be effective to revoke a power of attorney.

This means that if an applicant submits an amendment to revoke a power of attorney after the application’s filing date, that amendment will not be effective in revoking the power of attorney. To properly revoke a power of attorney, the applicant must follow the specific procedures outlined in the MPEP, such as submitting a separate revocation document or a new power of attorney.

To learn more:

• power of attorney
• revocation
• amendments
• patent application

MPEP 402.08 has significant implications for patent attorneys involved in derivation proceedings. The key provision states:

While an application is involved in an interference or derivation proceeding, any power of attorney of or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration.

For patent attorneys, this means:

• Any changes in representation must go through the PTAB, not regular USPTO channels.
• There may be delays in processing power of attorney changes due to PTAB review.
• Attorneys must be prepared to justify changes in representation to the PTAB if necessary.
• The timing of representation changes may be influenced by the ongoing derivation proceeding.

Patent attorneys should be aware of these special procedures to ensure smooth transitions in representation during derivation proceedings.

To learn more:

• patent attorneys
• derivation proceeding
• power of attorney
• PTAB
• MPEP 402.08

To learn more:

• MPEP 402.08

Filing a new power of attorney typically revokes all prior powers of attorney. According to MPEP 402.05: When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files another power of attorney, giving power of attorney to D without revoking all prior powers of attorney, the subsequently filed power of attorney will be treated as a revocation of the original power of attorney. This means that the most recently filed power of attorney will control.

To learn more:

• power of attorney
• revocation
• multiple attorneys
• patent application

In pre-2012 patent applications, filing a new power of attorney can have significant effects on existing powers of attorney. MPEP 402.05(b) outlines several scenarios:

1. New power of attorney without explicit revocation: “When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files another power of attorney, giving power of attorney to D without revoking all prior powers of attorney, the subsequently filed power of attorney will be treated as a revocation of the original power of attorney.”
2. Assignee filing new power of attorney: “If the applicant signed the original power of attorney, and an assignee of the entire interest of the applicant later takes action and files a new power of attorney, the original power of attorney is revoked and replaced by the power of attorney filed by the assignee.”
3. Change in Customer Number: “If a power of attorney is given to the practitioners associated with a Customer Number, and a (second) power of attorney is later received giving power of attorney to patent practitioners associated with a different Customer Number, the second power of attorney will be processed, with the first Customer Number being replaced with the second.”

In all these cases, the most recently filed power of attorney will control, effectively revoking or replacing the previous ones.

To learn more:

• power of attorney
• revocation
• pre-AIA
• customer number

How does attorney withdrawal affect the power of attorney in a patent application?

When an attorney withdraws from a patent application, it affects the power of attorney status. According to MPEP 402.06:

“The Office will not remove the names of practitioners who have been granted a power of attorney or authorization of agent from the list of practitioners of record at the request of the practitioner filing the withdrawal.”

This means that even after withdrawal, the attorney’s name may remain on record unless specific actions are taken. However, the withdrawn attorney no longer has the authority to act on behalf of the application. To fully revoke the power of attorney, the applicant must file a revocation and/or new power of attorney. It’s crucial for applicants to update their power of attorney promptly after an attorney’s withdrawal to ensure proper representation and communication with the USPTO.

To learn more:

• attorney withdrawal
• power of attorney
• patent application

Adding an inventor to a patent application can affect an existing power of attorney under certain circumstances. According to MPEP 402.05(a):

If the power of attorney was granted by the originally named inventive entity and an added inventor pursuant to § 1.48 does not provide a power of attorney consistent with the power of attorney granted by the originally named inventive entity, the addition of the inventor results in the loss of that power of attorney upon grant of the § 1.48 request.

This means that if a new inventor is added to the application and does not provide a power of attorney that matches the existing one, the original power of attorney will be lost when the request to add the inventor is granted. However, this doesn’t prevent a practitioner from acting under 37 CFR 1.34 if applicable.

To learn more:

• adding inventor
• power of attorney
• patent application
• inventive entity

Adding an inventor to a patent application can potentially affect an existing power of attorney. According to MPEP 402.02(a):

“If the power of attorney was granted by the originally named inventive entity, and an added inventor pursuant to § 1.48 does not provide a power of attorney consistent with the power of attorney granted by the originally named inventive entity, the addition of the inventor results in the loss of that power of attorney upon grant of the § 1.48 request.”

This means that if a new inventor is added to the application and does not provide a power of attorney consistent with the existing one, the original power of attorney will be lost. However, this provision does not preclude a practitioner from acting pursuant to 37 CFR 1.34, if applicable.

It’s important for applicants and practitioners to be aware of this potential consequence when adding inventors to an application, and to take appropriate steps to maintain or reestablish the desired power of attorney.

To learn more:

• power of attorney
• adding inventor
• patent application
• inventive entity

In pre-AIA patent applications (filed before September 16, 2012), a power of attorney given by the assignee of the entire interest has significant implications for previous powers of attorney. As stated in the MPEP:

A power of attorney by the assignee of the entire interest revokes all powers given by the applicant and prior assignees if the assignee establishes their right to take action as provided in pre-AIA 37 CFR 3.71 and pre-AIA 37 CFR 3.73(b).

This means that when the assignee of the entire interest files a new power of attorney, it effectively cancels all previous powers of attorney given by the applicant or any prior assignees. However, the assignee must properly establish their right to take action in the application according to the relevant regulations.

To learn more:

• power of attorney
• patent application
• pre-AIA
• assignee
• revocation

To revoke a power of attorney in a patent application:

• The applicant or assignee of the entire interest must submit a revocation signed by them.
• The revocation should be submitted to the USPTO in writing.
• It can be done by filing a new power of attorney (Form PTO/AIA/82) and checking the revocation box.
• Alternatively, you can submit a document specifically revoking the previous power of attorney.

As stated in the MPEP 402: ‘A power of attorney may be revoked at any stage in the proceedings of a case.’ It’s important to note that revoking a power of attorney does not remove attorneys from the list of patent practitioners associated with an application. To do that, you must file a separate request.

For more information on power of attorney, visit: power of attorney.

For more information on revocation, visit: revocation.

For more information on USPTO, visit: USPTO.

Joint inventors who are the applicant can appoint a power of attorney in a patent application using Form PTO/AIA/81. This form allows joint inventors to give one or more joint inventor-applicants the power of attorney to sign on behalf of all joint inventor-applicants.

According to the MPEP:

“Form PTO/AIA/81 may be used by joint inventors who are the applicant to give one or more joint inventor-applicants power of attorney to sign on behalf of all joint inventor-applicants. Since powers of attorney must be signed by ‘the applicant,’ all joint inventor-applicants must sign a power of attorney, including the joint inventor(s) who are being given power of attorney.”

For example, if there are four joint inventors (A, B, C, and D) who are all applicants, and they wish to appoint inventor-applicant C as having power of attorney, all four inventors (A, B, C, and D) must sign the power of attorney form appointing C.

It’s important to note that all joint inventor-applicants must sign the power of attorney, even those who are being given the power to act on behalf of the others.

To learn more:

• Power of Attorney
• Joint Inventors
• Patent Application
• Form PTO/AIA/81

How can I revoke a power of attorney in a patent application filed on or after September 16, 2012?

To revoke a power of attorney in a patent application filed on or after September 16, 2012, you need to follow these steps:

• Submit a new power of attorney form (PTO/AIA/82) or a revocation form (PTO/AIA/83).
• The revocation must be signed by the applicant or patent owner.
• If using form PTO/AIA/82, check the box indicating revocation of all previous powers of attorney.

According to MPEP 402.02(a): “A power of attorney may be revoked only by the applicant or patent owner. An assignee who is not the applicant may revoke a power of attorney only if the assignee becomes the applicant per 37 CFR 1.46(c).”

It’s important to note that the revocation is not retroactive; it only takes effect when received by the USPTO.

To learn more:

• power of attorney
• revocation
• patent application
• USPTO

An attorney or agent who has been given power of attorney can withdraw by submitting a request to the USPTO. According to MPEP 402.06:

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“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.”

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The request should briefly state the reason(s) for withdrawal. If based on issues like lack of compensation, it’s recommended to cite “irreconcilable differences” to maintain client confidentiality. The withdrawal is effective when approved by the USPTO, not when received.

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Practitioners must take steps to protect the client’s interests when withdrawing, such as giving reasonable notice and allowing time to hire new counsel. The Request for Withdrawal As Attorney or Agent form (PTO/AIA/83) can be used.

For more information on patent representation, visit: patent representation.

For more information on power of attorney, visit: power of attorney.

For applications filed on or after September 16, 2012, an assignee must first become the applicant under 37 CFR 1.46(c) to revoke a previously given power of attorney and/or grant a new one. This is because, as stated in the MPEP, any power of attorney must be signed by the applicant or patent owner. The process involves:

• The assignee becoming the applicant
• Revoking the previous power of attorney
• Granting a new power of attorney

For more details on establishing the right of an assignee to take action, refer to MPEP § 325.

To learn more:

• power of attorney
• assignee
• patent application
• revocation

How can an applicant revoke a power of attorney?

An applicant can revoke a power of attorney by submitting a new power of attorney (Form AIA/82 for applications filed on or after September 16, 2012, or Form PTO/SB/80 for applications filed before September 16, 2012) or by submitting a revocation signed by the applicant. As stated in the MPEP:

“A power of attorney may be revoked at any stage in the proceedings of a case, and an applicant may appoint a new attorney or agent at any stage in the proceedings of the case by filing a new power of attorney.” (MPEP 402)

It’s important to note that the revocation should be clear and unambiguous, and it should be submitted to the USPTO for proper processing.

For more information on power of attorney, visit: power of attorney.

For more information on revocation, visit: revocation.

For patent applications filed before September 16, 2012, an applicant can revoke a power of attorney using Form PTO/SB/81. According to MPEP 402.05(b), “Form PTO/SB/81 may be used to revoke a power of attorney in an application filed before September 16, 2012.” The revocation can be done at any stage of the proceedings by an applicant for patent or an assignee of the entire interest of the applicant.

It’s important to note that fewer than all of the applicants or assignees may revoke the power of attorney only upon showing sufficient cause and paying a petition fee. The patent practitioner will be notified of the revocation, and the notice will be mailed to the correspondence address for the application in effect before the revocation.

To learn more:

• power of attorney
• revocation
• pre-AIA
• patent application

How can an applicant revoke a power of attorney filed on or after September 16, 2012?

An applicant can revoke a power of attorney filed on or after September 16, 2012, by following these steps:

• Submit a new power of attorney (Form AIA/82 or equivalent) that is properly executed by the applicant.
• File a revocation of the previous power of attorney. This can be done using the revocation form PTO/AIA/82A or by submitting a clear instruction to revoke the previous power of attorney.

According to MPEP 402.02(a):

“The power of attorney may be revoked by filing a revocation of power of attorney. The revocation may be signed by the applicant for patent (all parties identified as the applicant or invention) or the patent owner. A new power of attorney from the applicant for patent (all parties identified as the applicant) or the patent owner may also be filed, which will act as a revocation of the previous power.”

It’s important to note that the new power of attorney must be properly executed by all applicants to be effective in revoking the previous power of attorney.

To learn more:

• power of attorney
• revocation
• patent application
• AIA

A registered patent attorney or agent who has been given a power of attorney can withdraw as attorney or agent of record by following these steps:

• File an application for withdrawal with the USPTO Director
• Obtain approval from the Director
• Provide notice to the client

As stated in 37 CFR 1.36(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.

It’s important to note that the withdrawal is effective only when approved by the USPTO, not when the request is received.

To learn more:

• patent attorney withdrawal
• USPTO representation
• power of attorney
• patent agent

How can a practitioner become of record in a patent application filed on or after September 16, 2012?

A practitioner can become of record in a patent application filed on or after September 16, 2012, through the following methods:

• Filing an Application Data Sheet (ADS) that names the practitioner as the representative
• Filing a power of attorney (POA) signed by the applicant
• Filing a patent application transmittal letter signed by the applicant and naming the practitioner as a representative
• Being named as the representative in the oath or declaration

As stated in MPEP 403.01(a): ‘A power of attorney or authorization of agent may be given to a customer number in applications filed on or after September 16, 2012.’ This allows for easier management of multiple practitioners associated with a single customer number.

To learn more:

• practitioner of record
• patent application
• power of attorney
• Application Data Sheet
• customer number

A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:

‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’

The process typically involves:

• An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
• The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
• If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.

It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.

For more information on juristic entity, visit: juristic entity.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO, visit: USPTO.

Can one co-inventor revoke a power of attorney in a patent application?

No, a single co-inventor cannot unilaterally revoke a power of attorney in a patent application. The MPEP 402.10 states:

A power of attorney may not be revoked by less than all of the applicants or owners of the entire interest without good and sufficient reason, and the revocation must be approved by the Director.

This means that to revoke a power of attorney, all co-inventors or owners of the entire interest must agree to the revocation. If a single co-inventor wishes to revoke the power of attorney, they must provide a good and sufficient reason, and the revocation must be approved by the Director of the USPTO.

To learn more:

• power of attorney
• revocation
• co-inventors
• patent application

Yes, multiple attorneys can be appointed in a patent application. According to MPEP 402.02:

More than one attorney, agent, or other party may be appointed as representative of the applicant or owner.

When appointing multiple attorneys:

• Use the appropriate power of attorney form (PTO/AIA/82 for applications filed on or after September 16, 2012, or PTO/SB/81 for earlier applications).
• List all attorneys or agents to be appointed.
• Specify if they are to act independently or as a team.

To learn more:

• power of attorney
• multiple attorneys
• patent application

Can an inventor’s attorney conduct an interview without a power of attorney?

Yes, an inventor’s attorney can conduct an interview without a power of attorney under certain conditions. The MPEP 405 provides guidance on this matter:

Interviews may be granted to an attorney or agent who is not of record in an application if the conditions of 37 CFR 1.33(b)(3) are satisfied.

This means that if the attorney or agent complies with the requirements set forth in 37 CFR 1.33(b)(3), they can conduct an interview even without a formal power of attorney. These requirements typically include providing evidence of their authority to act on behalf of the applicant.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO procedures, visit: USPTO procedures.

Can an assignee revoke power of attorney in all types of patent applications?

An assignee’s ability to revoke power of attorney applies to most, but not all, types of patent applications. According to MPEP 402.07, there are specific scenarios where this is explicitly allowed:

“For applications involved in an interference or derivation proceeding, 37 CFR 41.5(b) or 42.10(e) provides that the assignee of the entire interest in an application or patent involved in the proceeding may act to the exclusion of the inventor. For national stage applications under 35 U.S.C. 371, the assignee may revoke any power of attorney of the applicant in the national stage application filed under 35 U.S.C. 371 and appoint any representative if the assignee has properly made itself of record in the national stage application pursuant to 37 CFR 3.71.”

This means assignees can revoke power of attorney in:

• Applications involved in interference or derivation proceedings
• National stage applications under 35 U.S.C. 371

For other types of applications, the general rule applies where the assignee must first become of record and then can revoke the applicant’s power of attorney. It’s important to consult with a patent attorney or agent for specific cases to ensure compliance with USPTO regulations.

To learn more:

• power of attorney
• assignee rights
• patent application types
• USPTO procedures

In general, an assignee can revoke a power of attorney in most applications. However, there is an exception for certain government-owned applications. The MPEP states:

In applications filed before September 16, 2012, the assignee of record of the entire interest can revoke the power of attorney of the applicant unless an ‘irrevocable’ right to prosecute the application had been given as in some government owned applications.

This implies that in some government-owned applications, an irrevocable right to prosecute may have been granted, which would prevent the assignee from revoking the power of attorney. If you’re dealing with a government-owned application, it’s crucial to check whether such an irrevocable right exists before attempting to revoke a power of attorney.

To learn more:

• government-owned application
• power of attorney
• assignee
• revocation
• irrevocable right

Can an assignee revoke a power of attorney given by the applicant in a patent application?

Yes, an assignee can revoke a power of attorney given by the applicant in a patent application, provided certain conditions are met. According to MPEP 402.07:

“The assignee of the entire interest can revoke the power of attorney of the applicant and appoint its own patent practitioner.”

This is possible when:

• The assignee has properly become of record pursuant to 37 CFR 3.71.
• The application is involved in an interference or derivation proceeding.
• The application is national stage application filed under 35 U.S.C. 371.

It’s important to note that the assignee must follow proper procedures and file the necessary documents with the USPTO to effectuate this change.

To learn more:

• power of attorney
• assignee rights
• patent application
• USPTO procedures

An assignee’s ability to appoint a power of attorney in a patent application depends on whether the assignee is the applicant. According to the MPEP:

• An assignee who is the applicant may appoint an effective power of attorney without the need to establish the right to take action under 37 CFR 3.71.
• An assignee who is not the applicant may sign a power of attorney only if the assignee becomes the applicant per 37 CFR 1.46(c), which requires compliance with 37 CFR 3.71 and 3.73.

As stated in the MPEP, “An assignee or obligated assignee who is the applicant may appoint an effective power of attorney without the need to establish the right to take action under 37 CFR 3.71.” However, “An assignee who is not the applicant may sign a power of attorney only if the assignee becomes the applicant per 37 CFR 1.46(c) (which requires compliance with 37 CFR 3.71 and 3.73).”

It’s important to note that an assignee who is not an applicant cannot revoke or appoint a power of attorney in a patent application without first becoming the applicant.

To learn more:

• Power of Attorney
• Assignee
• Patent Application
• Applicant

Can a practitioner act on behalf of an applicant without a power of attorney?

Yes, a practitioner can act on behalf of an applicant without a power of attorney in certain circumstances. According to MPEP 402.04:

‘A practitioner may in some circumstances within the discretion of the Office act without any power of attorney or authorization of agent when it appears necessary to preserve the rights of the applicant.’

This provision allows for urgent action to be taken to protect the applicant’s interests, even if a formal power of attorney is not in place. However, it’s important to note that this is at the discretion of the USPTO and is typically limited to situations where immediate action is necessary to prevent loss of rights.

To learn more:

• practitioner representation
• power of attorney
• USPTO discretion

Generally, a power of attorney must be signed by all applicants or owners of a patent application. However, there are exceptions:

1. For revocation: A power of attorney signed by less than all applicants/owners may be accepted if accompanied by a petition under 37 CFR 1.36(a) and fee, with a showing of sufficient cause.
2. For appointment: A power of attorney signed by less than all applicants/owners may be accepted if accompanied by a petition under 37 CFR 1.183 and fee, demonstrating an extraordinary situation where justice requires waiver of the requirement.

MPEP 402.10 states: “The appointment and/or revocation are not accepted until the petition under 37 CFR 1.36(a) or 1.183 is granted. Therefore, the attorney or agent newly appointed by such papers is not permitted to submit any documents (such as an information disclosure statement (IDS)) into the application file until the petition under 37 CFR 1.36(a) or 1.183 is granted.”

Yes, a power of attorney can be revoked in a patent application. The process for revocation is outlined in MPEP 402:

‘The power of attorney may be revoked at any time. Pursuant to 37 CFR 1.36(a), an applicant may revoke a power of attorney by filing a new power of attorney that is not directed to the patent practitioner(s) of record.’

To revoke a power of attorney:

• File a new power of attorney form (PTO/AIA/82) with the USPTO.
• The new form should either name new representative(s) or indicate that the applicant wishes to prosecute the application pro se (without an attorney).
• Ensure the form is signed by the applicant or, in the case of a juristic entity, by an authorized official.
• Submit the form through the USPTO’s Electronic Filing System (EFS-Web) or by mail.

It’s important to note that merely filing a new power of attorney automatically revokes the previous one. There’s no need for a separate revocation document unless you want to revoke without appointing a new representative.

For more information on power of attorney, visit: power of attorney.

For more information on pro se, visit: pro se.

For more information on revocation, visit: revocation.

For more information on USPTO, visit: USPTO.

The revocation of a power of attorney must be done in writing and cannot be accomplished through informal means such as telephone or email. The MPEP 402.05 states:

A power of attorney may not be revoked by a telephone call.

While this quote specifically mentions telephone calls, the same principle applies to emails or other informal communications. To properly revoke a power of attorney, applicants must submit a written revocation document or a new power of attorney that complies with the requirements set forth in MPEP 402. This ensures that the revocation is properly documented and effective in the patent application process.

To learn more:

• power of attorney
• revocation
• communication methods
• patent procedure

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:

• power of attorney
• revocation
• joint inventors
• applicants

No, a power of attorney cannot be partially revoked for specific patent applications. The MPEP 402.05 states:

‘A principal cannot revoke selected powers of the power of attorney while leaving other powers in effect.’

This means that when revoking a power of attorney, it must be revoked in its entirety for all applications and patents to which it was applied. If you wish to maintain representation for certain applications while revoking others, you would need to file a new power of attorney for those specific applications you want to keep under representation.

To learn more:

• power of attorney
• revocation
• partial revocation
• USPTO policy

Can a power of attorney be granted to a foreign patent attorney or agent?

In general, a power of attorney in U.S. patent applications can only be granted to practitioners who are registered to practice before the USPTO. According to MPEP 402.02:

“The Office cannot recognize more than one power of attorney in an application at any given time. However, a registered attorney or agent may be appointed in a representative capacity under 37 CFR 1.34 in addition to any power of attorney that may be in effect.”

While foreign patent attorneys or agents cannot be directly granted power of attorney, they can work with U.S. registered practitioners who can be appointed. Additionally, foreign attorneys can be recognized as representatives under 37 CFR 1.34 for limited purposes, such as filing papers or receiving Office communications.

To learn more:

• power of attorney
• foreign attorney
• patent agent
• USPTO registration

Can a power of attorney be granted to a foreign attorney or agent for US patent applications?

A power of attorney for US patent applications can only be granted to individuals who are registered to practice before the USPTO. Foreign attorneys or agents who are not registered with the USPTO cannot be granted power of attorney.

According to MPEP 402: “The Office cannot recognize more than one power of attorney or authorization to act in a representative capacity in a particular application or patent at any given time.” This means that only USPTO-registered practitioners can be given power of attorney.

However, foreign attorneys can work with US-registered patent practitioners who can be granted power of attorney. The foreign attorney can then collaborate with the US-registered practitioner to manage the application.

For more information on power of attorney, visit: power of attorney.

Generally, papers giving or revoking a power of attorney in an application require signatures from all applicants or owners. However, there are exceptions:

• For revocation: A petition under 37 CFR 1.36(a) with a fee and showing of sufficient cause is required.
• For appointment: A petition under 37 CFR 1.183 with a fee, demonstrating an extraordinary situation where justice requires waiver of the requirement in 37 CFR 1.32(b)(4), is necessary.

As stated in the MPEP: “Papers giving or revoking a power of attorney in an application generally require signature by all the applicants or owners of the application.”

To learn more:

• Power of Attorney
• Patent Application
• USPTO
• Petition
• Applicants
• Owners

No, a patent practitioner cannot appoint a substitute to take over their cases after death. The MPEP 406 clearly states: “The patent practitioner may not appoint a ‘substitute’ and any attempt by the patent practitioner to appoint a ‘substitute’ patent practitioner whose power is intended to survive his or her own will not be recognized by the Office.” This means that any arrangements made by a practitioner for a substitute after their death will not be valid in the eyes of the USPTO.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO policy, visit: USPTO policy.

No, a patent practitioner cannot appoint a substitute whose power would survive their own death. The MPEP clearly states: The patent practitioner may not appoint a ‘substitute’ and any attempt by the patent practitioner to appoint a ‘substitute’ patent practitioner whose power is intended to survive his or her own will not be recognized by the Office. (MPEP 406)

A nonsigning inventor who subsequently joins an application cannot revoke or grant a power of attorney in certain situations. MPEP 402.05(a) explains:

37 CFR 1.64(f) provides that the submission of an oath or declaration by a nonsigning inventor or legal representative in an application filed under 37 CFR 1.43, 1.45 or 1.46 will not permit the nonsigning inventor or legal representative to revoke or grant a power of attorney.

This means that if a nonsigning inventor later submits an oath or declaration in an application filed under specific circumstances (such as joint inventors, deceased or legally incapacitated inventors, or assignee filing), they cannot use this submission to revoke an existing power of attorney or grant a new one.

To learn more:

• nonsigning inventor
• power of attorney
• revocation
• oath or declaration

In a pre-AIA 37 CFR 1.47 application, a nonsigning inventor has limited rights regarding the power of attorney. According to MPEP 402.05(b):

A nonsigning inventor may subsequently join in a pre-AIA 37 CFR 1.47 application by submitting an oath or declaration under pre-AIA 37 CFR 1.63. However, even if the nonsigning inventor joins in the application, he or she cannot revoke or give a power of attorney without agreement of the pre-AIA 37 CFR 1.47 applicant.

This means that while a nonsigning inventor can later join the application by submitting the required oath or declaration, they do not have the authority to unilaterally revoke or grant a power of attorney. Any such action would require the agreement of the original pre-AIA 37 CFR 1.47 applicant.

To learn more:

• power of attorney
• nonsigning inventor
• pre-AIA
• 37 CFR 1.47

To learn more:

• 37 CFR 1.47

Yes, a legal representative can sign patent documents on behalf of the inventor under certain circumstances. The MPEP 402.03 states:

Where a power of attorney or authorization of agent is given to a customer number, a practitioner must sign the correspondence if an applicant is to be represented.

This means that if a power of attorney has been granted, the authorized practitioner can sign documents on behalf of the inventor. However, it’s important to note that certain documents, such as the inventor’s oath or declaration, must still be signed by the inventor personally unless specific conditions are met (e.g., the inventor is deceased, legally incapacitated, or cannot be found after diligent effort).

To learn more:

• legal representative
• power of attorney
• inventor signature
• patent documents

Can a juristic entity appoint a power of attorney in a patent application?

Yes, a juristic entity (such as a corporation or organization) can appoint a power of attorney in a patent application. However, there are specific requirements for doing so:

• The power of attorney must be signed by a person authorized to act on behalf of the juristic entity
• The person signing must have apparent authority to bind the juristic entity

The MPEP provides guidance on this matter:

A power of attorney from a juristic entity must be signed by a person authorized to act on behalf of the juristic entity. […] A power of attorney to a patent practitioner to prosecute a patent application executed by the applicant or the assignee of the entire interest of the applicant is the power of attorney of the applicant or assignee, not the power of attorney of the practitioner. (MPEP 402.02(a))

It’s important to note that the power of attorney belongs to the juristic entity, not to the practitioner who is appointed.

To learn more:

• juristic entity
• power of attorney
• patent application

Can a juristic entity applicant sign a power of attorney form for a patent application?

No, a juristic entity applicant (such as a corporation or organization) cannot directly sign a power of attorney form for a patent application. Instead, the power of attorney must be signed by a person authorized to act on behalf of the juristic entity.

According to MPEP 402.02(a):

“A power of attorney must be signed by the applicant for patent (37 CFR 1.42) or the patent owner (for reissue applications or reexamination proceedings). A power of attorney may only be signed by the applicant for patent (37 CFR 1.42) or the patent owner of record of the entire interest or their representative. An applicant for patent that is the assignee must comply with 37 CFR 3.71 and 3.73 to establish ownership of the application.”

For juristic entity applicants, this typically means that an officer or employee of the organization who has the authority to bind the organization must sign the power of attorney. This could be a CEO, president, or other authorized representative of the company.

It’s important to note that the person signing on behalf of a juristic entity should also provide their title or position within the organization to demonstrate their authority to act on behalf of the applicant.

To learn more:

• power of attorney
• juristic entity
• patent application
• signature requirements

Yes, there are exceptions to the requirement for all applicants to sign power of attorney documents. The MPEP provides one specific exception:

“In an application filed under pre-AIA 37 CFR 1.47(a), an assignee of the entire interest of the available inventors (i.e., the applicant) who has signed the declaration may appoint or revoke a power of attorney without a petition under 37 CFR 1.36(a) or 1.183.”

This exception applies to applications filed before the America Invents Act (AIA) under specific circumstances. However, it’s important to note that this exception does not apply in all cases. The MPEP also states:

“However, in applications accepted under pre-AIA 37 CFR 1.47, such a petition under 37 CFR 1.36(a) or 1.183 submitted by a previously nonsigning inventor who has now joined in the application will not be granted.”

For more information on these exceptions, refer to MPEP § 402.07 and MPEP § 409.03(i).

To learn more:

• Power of Attorney
• Patent Application
• USPTO
• Pre-AIA
• Exceptions

For applications filed on or after September 16, 2012, a power of attorney must be signed by the applicant for patent (i.e., all parties identified as the applicant as defined by 37 CFR 1.42(a)) or the patent owner. For applications filed before September 16, 2012, a power of attorney can be signed by the applicant or the assignee of the entire interest of the applicant.

As stated in MPEP 402.02(a): “For applications filed on or after September 16, 2012, 37 CFR 1.32(b)(4) sets forth that a power of attorney must be signed by the applicant for patent (i.e., all parties identified as the applicant as defined by 37 CFR 1.42(a)) or the patent owner (for reissue applications, reexamination proceedings and supplemental examination proceedings).”

For applications filed on or after September 16, 2012, 37 CFR 1.32(d) provides that a power of attorney from a prior national application may have effect in a continuing application if:

1. A copy of the power of attorney from the prior application is filed in the continuing application
2. The power of attorney was not granted by the inventor
3. The continuing application does not name an inventor who was not named in the prior application

MPEP 402.02(a) states: “37 CFR 1.32(d) specifically requires that a copy of the power of attorney from the prior application be filed in the continuing application to have effect (even where a change in power did not occur in the prior application).”

If these conditions are not met, a new power of attorney will need to be filed in the continuing application.

When there are multiple applicants for a patent and only some give power of attorney, the USPTO has specific rules to handle the situation. According to MPEP 402:

‘Where a power of attorney is given by fewer than all of the applicants or owners, the power of attorney is not accepted until a petition under 37 CFR 1.36(b) is granted.’

This means:

• The power of attorney is not automatically accepted if not all applicants have signed it.
• A petition under 37 CFR 1.36(b) must be filed and granted for the partial power of attorney to be accepted.
• The petition should explain why it was not possible to obtain signatures from all applicants.
• The Office of Petitions will review the petition and make a determination.

It’s generally recommended to obtain signatures from all applicants to avoid delays and potential issues with the patent application process.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO, visit: USPTO.

To revoke a power of attorney in a patent application:

• The applicant or assignee of the entire interest must submit a revocation signed by them.
• The revocation should be submitted to the USPTO in writing.
• It can be done by filing a new power of attorney (Form PTO/AIA/82) and checking the revocation box.
• Alternatively, you can submit a document specifically revoking the previous power of attorney.

As stated in the MPEP 402: ‘A power of attorney may be revoked at any stage in the proceedings of a case.’ It’s important to note that revoking a power of attorney does not remove attorneys from the list of patent practitioners associated with an application. To do that, you must file a separate request.

For more information on power of attorney, visit: power of attorney.

For more information on revocation, visit: revocation.

For more information on USPTO, visit: USPTO.

An attorney or agent who has been given power of attorney can withdraw by submitting a request to the USPTO. According to MPEP 402.06:

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“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.”

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The request should briefly state the reason(s) for withdrawal. If based on issues like lack of compensation, it’s recommended to cite “irreconcilable differences” to maintain client confidentiality. The withdrawal is effective when approved by the USPTO, not when received.

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Practitioners must take steps to protect the client’s interests when withdrawing, such as giving reasonable notice and allowing time to hire new counsel. The Request for Withdrawal As Attorney or Agent form (PTO/AIA/83) can be used.

For more information on patent representation, visit: patent representation.

For more information on power of attorney, visit: power of attorney.

How can an applicant revoke a power of attorney?

An applicant can revoke a power of attorney by submitting a new power of attorney (Form AIA/82 for applications filed on or after September 16, 2012, or Form PTO/SB/80 for applications filed before September 16, 2012) or by submitting a revocation signed by the applicant. As stated in the MPEP:

“A power of attorney may be revoked at any stage in the proceedings of a case, and an applicant may appoint a new attorney or agent at any stage in the proceedings of the case by filing a new power of attorney.” (MPEP 402)

It’s important to note that the revocation should be clear and unambiguous, and it should be submitted to the USPTO for proper processing.

For more information on power of attorney, visit: power of attorney.

For more information on revocation, visit: revocation.

A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:

‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’

The process typically involves:

• An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
• The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
• If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.

It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.

For more information on juristic entity, visit: juristic entity.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO, visit: USPTO.

Generally, a power of attorney must be signed by all applicants or owners of a patent application. However, there are exceptions:

1. For revocation: A power of attorney signed by less than all applicants/owners may be accepted if accompanied by a petition under 37 CFR 1.36(a) and fee, with a showing of sufficient cause.
2. For appointment: A power of attorney signed by less than all applicants/owners may be accepted if accompanied by a petition under 37 CFR 1.183 and fee, demonstrating an extraordinary situation where justice requires waiver of the requirement.

MPEP 402.10 states: “The appointment and/or revocation are not accepted until the petition under 37 CFR 1.36(a) or 1.183 is granted. Therefore, the attorney or agent newly appointed by such papers is not permitted to submit any documents (such as an information disclosure statement (IDS)) into the application file until the petition under 37 CFR 1.36(a) or 1.183 is granted.”

Yes, a power of attorney can be revoked in a patent application. The process for revocation is outlined in MPEP 402:

‘The power of attorney may be revoked at any time. Pursuant to 37 CFR 1.36(a), an applicant may revoke a power of attorney by filing a new power of attorney that is not directed to the patent practitioner(s) of record.’

To revoke a power of attorney:

• File a new power of attorney form (PTO/AIA/82) with the USPTO.
• The new form should either name new representative(s) or indicate that the applicant wishes to prosecute the application pro se (without an attorney).
• Ensure the form is signed by the applicant or, in the case of a juristic entity, by an authorized official.
• Submit the form through the USPTO’s Electronic Filing System (EFS-Web) or by mail.

It’s important to note that merely filing a new power of attorney automatically revokes the previous one. There’s no need for a separate revocation document unless you want to revoke without appointing a new representative.

For more information on power of attorney, visit: power of attorney.

For more information on pro se, visit: pro se.

For more information on revocation, visit: revocation.

For more information on USPTO, visit: USPTO.

Can a power of attorney be granted to a foreign attorney or agent for US patent applications?

A power of attorney for US patent applications can only be granted to individuals who are registered to practice before the USPTO. Foreign attorneys or agents who are not registered with the USPTO cannot be granted power of attorney.

According to MPEP 402: “The Office cannot recognize more than one power of attorney or authorization to act in a representative capacity in a particular application or patent at any given time.” This means that only USPTO-registered practitioners can be given power of attorney.

However, foreign attorneys can work with US-registered patent practitioners who can be granted power of attorney. The foreign attorney can then collaborate with the US-registered practitioner to manage the application.

For more information on power of attorney, visit: power of attorney.

The Customer Number practice allows applicants to:

• Designate the correspondence address of a patent application or patent
• Designate the fee address of a patent
• Submit a list of practitioners who have power of attorney

Using a Customer Number allows applicants to easily change the correspondence address, fee address, or list of practitioners for multiple applications or patents by simply changing the information associated with the Customer Number.

According to MPEP 403: “A Customer Number (previously a ‘Payor Number’) may be used to: (A) designate the correspondence address of a patent application or patent such that the correspondence address for the patent application or patent would be the address associated with the Customer Number (37 CFR 1.32(a)(5)(i)); (B) designate the fee address (37 CFR 1.363) of a patent such that the fee address for the patent would be the address associated with the Customer Number (37 CFR 1.32(a)(5)(ii)); and (C) submit a list of practitioners such that those practitioners associated with the Customer Number would have power of attorney (37 CFR 1.32(a)(5)(iii)).”

A Customer Number is a USPTO-assigned number that can be used to:

• Designate the correspondence address for a patent application or patent
• Designate the fee address for a patent
• Submit a list of practitioners with power of attorney

According to MPEP 403: “A Customer Number may be used to designate the address associated with the Customer Number as the correspondence address of an application (or patent) or the fee address of a patent, and may also be used to submit a power of attorney in the application (or patent) to the registered practitioners associated with the Customer Number.”

Using a Customer Number simplifies making changes to correspondence addresses and practitioner information across multiple applications.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on Customer Number, visit: Customer Number.

For more information on Fee Address, visit: Fee Address.

For more information on power of attorney, visit: power of attorney.

When two patent practitioners are appointed for the same application:

• If appointed simultaneously, the applicant should specify which address to use for correspondence.
• If a second practitioner is added later, correspondence will be sent to the most recently provided correspondence address.
• A new power of attorney appointing only the second practitioner effectively revokes the power of the first practitioner.

According to MPEP 403.02: “If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address. … If, after one patent practitioner is appointed, a second patent practitioner is later added by submission of a new power of attorney appointing both practitioners, correspondence will be mailed to the latest correspondence address of record. … Note that if the later-filed power of attorney only lists the second practitioner, the later-filed power of attorney serves as a revocation of the earlier-filed power of attorney, even without an express revocation of the power of the first patent practitioner.”

How does the USPTO handle correspondence for applications with multiple attorneys or agents?

When an application has multiple attorneys or agents of record, the USPTO follows specific guidelines for correspondence:

• The USPTO will direct all correspondence to the first named attorney or agent of record, unless otherwise specified.
• If a customer number is provided, correspondence will be sent to the address associated with that customer number.
• Applicants can designate one or more attorneys or agents to receive correspondence by filing a power of attorney or including the information in an application data sheet.

As stated in the MPEP:

If applicant provides, in a single paper, a list of patent practitioners and a correspondence address without also filing a clear power of attorney to a patent practitioner, the Office will direct all correspondence to the correspondence address pursuant to 37 CFR 1.33(a). (MPEP 403)

It’s important to clearly designate correspondence preferences to ensure proper communication with the USPTO.

For more information on patent agents, visit: patent agents.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO correspondence, visit: USPTO correspondence.

The USPTO has specific procedures for handling changes in power of attorney and correspondence address. According to MPEP 403:

‘A new power of attorney or change of correspondence address filed in a patent application or patent does not change the correspondence address for any other application or patent.’

Key points to remember:

• Each application or patent is treated separately.
• A change in one application doesn’t automatically apply to others, even if filed by the same applicant or assignee.
• To change multiple applications, you must file separate requests for each one.
• Using a customer number can simplify this process for multiple applications.

It’s crucial to ensure that any changes are properly filed and recorded to maintain effective communication with the USPTO.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO, visit: USPTO.

Can an inventor’s attorney conduct an interview without a power of attorney?

Yes, an inventor’s attorney can conduct an interview without a power of attorney under certain conditions. The MPEP 405 provides guidance on this matter:

Interviews may be granted to an attorney or agent who is not of record in an application if the conditions of 37 CFR 1.33(b)(3) are satisfied.

This means that if the attorney or agent complies with the requirements set forth in 37 CFR 1.33(b)(3), they can conduct an interview even without a formal power of attorney. These requirements typically include providing evidence of their authority to act on behalf of the applicant.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO procedures, visit: USPTO procedures.

When a patent practitioner dies, their power of attorney is automatically revoked or terminated. According to the MPEP, The power of attorney of a patent practitioner will be revoked or terminated by his or her death. (MPEP 406)

No, a patent practitioner cannot appoint a substitute to take over their cases after death. The MPEP 406 clearly states: “The patent practitioner may not appoint a ‘substitute’ and any attempt by the patent practitioner to appoint a ‘substitute’ patent practitioner whose power is intended to survive his or her own will not be recognized by the Office.” This means that any arrangements made by a practitioner for a substitute after their death will not be valid in the eyes of the USPTO.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO policy, visit: USPTO policy.

No, a patent practitioner cannot appoint a substitute whose power would survive their own death. The MPEP clearly states: The patent practitioner may not appoint a ‘substitute’ and any attempt by the patent practitioner to appoint a ‘substitute’ patent practitioner whose power is intended to survive his or her own will not be recognized by the Office. (MPEP 406)

A power of attorney given to a suspended or disbarred patent practitioner becomes ineffective. The MPEP states: ‘Any power of attorney given to a practitioner who has been suspended or disbarred by the Office is ineffective, and does not authorize the person to practice before the Office or to represent applicants or patentees in patent matters.’ (MPEP § 407)

The USPTO takes specific actions regarding powers of attorney granted to suspended or excluded practitioners. According to MPEP 407:

The Office of Enrollment and Discipline (OED) Director will contact the Director of the Technology Center (TC) managing the application when a practitioner has been suspended or excluded from practice. The OED Director will request that the TC Director review a pending application to determine whether the practitioner has been granted a power of attorney. If the suspended or excluded practitioner was given a power of attorney, the TC Director will notify the applicant and request a new power of attorney.

The process typically involves:

• Identification of affected applications by the OED Director
• Review of power of attorney status by the TC Director
• Notification to the applicant if a power of attorney exists
• Request for a new power of attorney from the applicant
• Potential application abandonment if no response is received within 30 days

For more information on power of attorney, visit: power of attorney.

How does the USPTO handle interviews for applications with multiple practitioners of record?

The USPTO has specific guidelines for handling interviews when multiple practitioners are of record for a patent application. MPEP 408 provides guidance on this situation:

‘Where a registered practitioner has been given a power of attorney or authorization of agent, only that practitioner, a practitioner appointed in an associate power of attorney or authorization of agent, or another registered practitioner who has the permission of one of the aforementioned practitioners may conduct an interview.’

This means that when multiple practitioners are of record, any one of them can conduct the interview. However, it’s important to note that clear communication between the practitioners is crucial to ensure consistent representation of the applicant’s interests. The USPTO typically communicates with the practitioner who initiated the interview or the one designated as the primary contact for the application.

For more information on patent examination, visit: patent examination.

For more information on power of attorney, visit: power of attorney.

For joint inventor applicants, MPEP 509.04(c) states that “each joint inventor should sign a separate copy of the relevant micro entity certification form.” However, there is an exception:

“If one joint inventor is appointed to prosecute the application on behalf of all the other joint inventors, then only that one joint inventor need sign the micro entity certification form.”

This appointment can be made using USPTO form PTO/AIA/81, titled “Power Of Attorney To One Or More Of The Joint Inventors And Change Of Correspondence Address”, available on the USPTO forms Web page.

To learn more:

• joint inventors
• micro entity certification
• power of attorney

Including contact information in a power of attorney for patent applications is crucial for several reasons:

• It facilitates prompt delivery of communications from the USPTO
• It ensures that the USPTO can easily reach the attorney or agent representing the applicant
• It helps streamline the patent application process

The MPEP 601.02 emphasizes this point: “The prompt delivery of communications will thereby be facilitated.”

By providing comprehensive contact information, including mailing address, ZIP code, telephone number, and fax number, attorneys and agents can ensure efficient communication throughout the patent examination process.

To learn more:

• power of attorney
• patent application
• contact information
• communication

In patent applications filed before September 16, 2012, the power of attorney can be signed by either the inventor(s) or the assignee of the entire interest. However, the MPEP recommends that the assignee sign the power of attorney when one exists. As stated in the MPEP:

While a power of attorney may be signed by the inventor(s), the power of attorney should be signed by the assignee of the entire interest where one exists. Otherwise, the assignee may be paying the bill, while the inventor is providing the power of attorney, thereby possibly raising an issue as to who is the practitioner’s client.

This recommendation aims to avoid potential conflicts and ensure clear representation in cases where the relationship between the assignee and inventors may deteriorate.

To learn more:

• power of attorney
• patent application
• pre-AIA
• assignee
• inventor

During interference or derivation proceedings, power of attorney changes are handled by a specific entity within the USPTO. According to MPEP 402.08:

While an application is involved in an interference or derivation proceeding, any power of attorney of or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration.

This means that the Patent Trial and Appeal Board (PTAB) is responsible for considering and processing any changes to power of attorney during these special proceedings. This differs from the normal procedure for regular patent applications, where such changes would typically be handled by the Office of Patent Application Processing or the examining corps.

To learn more:

• Patent Trial and Appeal Board
• PTAB
• power of attorney
• interference proceeding
• derivation proceeding

For applications filed on or after September 16, 2012, a power of attorney must be signed by the applicant for patent (i.e., all parties identified as the applicant as defined by 37 CFR 1.42(a)) or the patent owner. For applications filed before September 16, 2012, a power of attorney can be signed by the applicant or the assignee of the entire interest of the applicant.

As stated in MPEP 402.02(a): “For applications filed on or after September 16, 2012, 37 CFR 1.32(b)(4) sets forth that a power of attorney must be signed by the applicant for patent (i.e., all parties identified as the applicant as defined by 37 CFR 1.42(a)) or the patent owner (for reissue applications, reexamination proceedings and supplemental examination proceedings).”

For patent applications filed before September 16, 2012, specific guidance on power of attorney can be found in the Manual of Patent Examining Procedure (MPEP). According to MPEP 601.02:

“See MPEP § 402.02(b) for detailed information and relevant forms pertaining to appointment of a power of attorney in applications filed before September 16, 2012.”

To access detailed information and relevant forms for older patent applications, you should refer to MPEP § 402.02(b). This section provides comprehensive guidance on the process and required documentation for appointing a power of attorney in patent applications filed before the September 16, 2012 cutoff date.

To learn more:

• power of attorney
• patent application
• older applications
• MPEP guidance

A revocation of power of attorney becomes effective on the date it is received by the USPTO, not on the date it is accepted. As stated in MPEP 402.05: 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). The Office will send an appropriate notification upon revocation.

To learn more:

• power of attorney
• revocation
• effective date
• USPTO notification

The correspondence address is crucial in patent applications as it determines where the USPTO sends all official communications. Its relationship to the power of attorney is explained in MPEP 601.02:

“A power of attorney is not required to receive or change a correspondence address.”

Key points about the correspondence address:

• It can be different from the address of the attorney or agent with power of attorney.
• Changing the correspondence address does not affect the power of attorney.
• Revoking a power of attorney does not automatically change the correspondence address.

To ensure proper communication with the USPTO, applicants should carefully manage both the power of attorney and the correspondence address, understanding that they are separate but related aspects of patent application management.

To learn more:

• correspondence address
• power of attorney
• USPTO
• patent application

MPEP 402.08 has important implications for independent inventors involved in interference proceedings. The key provision states:

While an application is involved in an interference or derivation proceeding, any power of attorney of or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration.

For independent inventors, this means:

• Changes in legal representation during an interference proceeding must be approved by the PTAB.
• There may be additional complexity and potential delays in changing attorneys.
• Inventors should carefully consider the timing of any representation changes.
• Direct communication with the PTAB may be necessary regarding power of attorney matters.

Independent inventors should be aware of these special procedures to navigate interference proceedings effectively and ensure proper legal representation throughout the process.

To learn more:

• independent inventors
• interference proceeding
• power of attorney
• PTAB
• MPEP 402.08

To learn more:

• MPEP 402.08

What is the significance of a power of attorney in patent applications?

A power of attorney is a crucial document in patent applications that authorizes an attorney or agent to act on behalf of the applicant or assignee. According to MPEP 402.04, “A power of attorney may be filed in an individual application, either original or reissue, and in any national stage application.” This document allows the designated representative to make decisions, file documents, and communicate with the USPTO on behalf of the applicant. It’s important to note that the power of attorney must be properly executed and filed to be effective.

To learn more:

• power of attorney
• patent applications
• USPTO
• representative

What is the significance of a customer number in patent applications filed after September 16, 2012?

A customer number holds significant importance in patent applications filed after September 16, 2012, particularly for managing practitioner representation. Here’s why:

• It allows for efficient management of multiple practitioners
• Power of attorney can be given to a customer number
• It simplifies the process of adding or removing practitioners
• Correspondence address can be associated with a customer number

According to MPEP 403.01(a): ‘A power of attorney or authorization of agent may be given to a customer number in applications filed on or after September 16, 2012.’ This provision streamlines the process of managing representation for applicants and practitioners alike.

Furthermore, the MPEP states: ‘If a practitioner is not of record, correspondence will be sent to the applicant’s correspondence address as shown in the application or the Patent Application Locating and Monitoring (PALM) system.’ This underscores the importance of keeping the customer number and associated information up to date.

To learn more:

• customer number
• patent application
• power of attorney
• correspondence address
• PALM system

The main difference in power of attorney revocation between pre-AIA (before September 16, 2012) and post-AIA (on or after September 16, 2012) applications lies in who can sign the power of attorney and the process for revocation:

• Post-AIA (on or after September 16, 2012): The power of attorney must be signed by the applicant or patent owner. For an assignee to revoke a power of attorney, they must first become the applicant under 37 CFR 1.46(c).
• Pre-AIA (before September 16, 2012): The assignee of record of the entire interest can revoke the power of attorney of the applicant directly, provided they establish their right to take action under pre-AIA 37 CFR 3.73(b).

This change reflects the shift in USPTO regulations to give more control to the applicant in post-AIA applications, while pre-AIA rules allowed more direct action by assignees.

To learn more:

• pre-AIA
• post-AIA
• power of attorney
• assignee
• patent application
• revocation

What is the difference between a principal and an associate power of attorney in patent applications?

In patent applications, there is a distinction between principal and associate powers of attorney:

• Principal Power of Attorney: This is the primary power of attorney granted by the applicant to a patent practitioner or firm.
• Associate Power of Attorney: This is a secondary power of attorney that can be granted by the principal attorney to another practitioner or firm.

According to MPEP 402.02(a):

“A principal attorney or agent may appoint an associate power of attorney to act in a representative capacity. See 37 CFR 1.32(b). An associate power of attorney is a power of attorney given to a second attorney or agent by an already appointed principal patent attorney or agent. The associate power of attorney is given by the principal attorney or agent to the associate attorney or agent, not by the applicant.”

It’s important to note that an associate power of attorney does not replace the principal power of attorney but rather supplements it, allowing for additional representation in the patent application process.

To learn more:

• power of attorney
• principal attorney
• associate attorney
• patent application

What is the difference between a power of attorney and an authorization to act in a representative capacity?

The main differences between a power of attorney and an authorization to act in a representative capacity are:

• Power of Attorney: Grants the ability to conduct all business before the USPTO on behalf of the applicant or assignee.
• Authorization to Act: Allows the practitioner to represent the applicant or assignee in a limited capacity, typically for a specific application or patent.

According to MPEP 601.02: ‘For applications filed on or after September 16, 2012, a power of attorney must be signed by the applicant for patent or the patent owner (for reissue applications, reexamination proceedings and supplemental examination proceedings). An assignee who is not an applicant cannot revoke or appoint power of attorney in a patent application.’

It’s important to note that while a power of attorney provides broader authority, an authorization to act can be sufficient for many routine patent prosecution matters.

To learn more:

• power of attorney
• authorization to act
• patent application
• USPTO

To learn more:

• patent representation

A power of attorney and a customer number serve different purposes in patent applications:

• Power of Attorney: This is a legal document that gives an attorney or agent the authority to act on behalf of the applicant or assignee in matters before the USPTO.
• Customer Number: This is a unique identifier assigned by the USPTO to allow for easier management of multiple patent applications.

According to MPEP 601.02: “A power of attorney may be supplied with a customer number so that the power of attorney will be effective in all existing and future patent applications or patent matters associated with that customer number.” This means that a customer number can be used in conjunction with a power of attorney to streamline the process of managing multiple applications.

To learn more:

• power of attorney
• customer number
• USPTO
• patent application management

What is the difference between a general power of attorney and a limited power of attorney in patent applications?

In patent applications, there are two main types of power of attorney: general and limited. The MPEP 601.02 distinguishes between these as follows:

“A power of attorney may be in the form of a general power of attorney, e.g., to represent the client in all matters before the Office, or limited, e.g., to represent the client in a particular application or in a particular aspect of an application.”

Key differences include:

• General Power of Attorney: Grants broad authority to represent the client in all matters before the USPTO
• Limited Power of Attorney: Restricts the attorney’s authority to specific applications or aspects of an application

When deciding between the two, consider the scope of representation needed and any potential conflicts of interest. A limited power of attorney can be useful when working with multiple attorneys or when you want to maintain control over certain aspects of your patent portfolio.

To learn more:

• power of attorney
• general power of attorney
• limited power of attorney
• patent application

The Customer Number practice allows applicants to:

• Designate the correspondence address of a patent application or patent
• Designate the fee address of a patent
• Submit a list of practitioners who have power of attorney

Using a Customer Number allows applicants to easily change the correspondence address, fee address, or list of practitioners for multiple applications or patents by simply changing the information associated with the Customer Number.

According to MPEP 403: “A Customer Number (previously a ‘Payor Number’) may be used to: (A) designate the correspondence address of a patent application or patent such that the correspondence address for the patent application or patent would be the address associated with the Customer Number (37 CFR 1.32(a)(5)(i)); (B) designate the fee address (37 CFR 1.363) of a patent such that the fee address for the patent would be the address associated with the Customer Number (37 CFR 1.32(a)(5)(ii)); and (C) submit a list of practitioners such that those practitioners associated with the Customer Number would have power of attorney (37 CFR 1.32(a)(5)(iii)).”

What is the Customer Number Practice for power of attorney in patent applications?

The Customer Number Practice is a system used by the USPTO to simplify the process of changing the correspondence address or power of attorney for multiple patent applications. Here’s how it works:

• Practitioners are associated with a Customer Number
• The Customer Number can be used to grant power of attorney in applications
• Changes to the Customer Number automatically update all associated applications

According to the MPEP:

The Customer Number Practice permits applicants, attorneys, and agents of record to expressly request that the USPTO use a Customer Number to associate a power of attorney with a particular application. (MPEP 402.02(a))

This practice streamlines the process of managing power of attorney and correspondence addresses for multiple applications, making it more efficient for both applicants and the USPTO.

To learn more:

• Customer Number Practice
• power of attorney
• USPTO

Form PTO/AIA/82 is a USPTO form used by the applicant for patent to appoint one or more patent practitioners as power of attorney. This form consists of three parts:

• Part A (PTO/AIA/82A): A transmittal page used to identify the application to which the power of attorney is directed. It must be signed by a proper 37 CFR 1.33(b) party.
• Part B (PTO/AIA/82B): The actual power of attorney, which may also specify the correspondence address. This part must be signed by the applicant.
• Part C (PTO/AIA/82C): An optional page that may be used to appoint up to 10 patent practitioners by name and registration number.

The MPEP notes that “PTO/AIA/82 may be used like a general power of attorney, if desired.” For example, an officer of a juristic entity assignee could sign Part B, leaving the “Application Number” and “Filing Date” boxes empty. Then, a patent practitioner could complete and sign one Part A for each respective application and file a copy of Part B with each Part A.

It’s important to note that the “Application Number” and “Filing Date” boxes on Part B must be completed to identify the application if Part A or an equivalent is not filed with Part B. These boxes may not be filled in by a patent practitioner after Part B has been signed by the applicant.

To learn more:

• Power of Attorney
• Patent Practitioners
• Form PTO/AIA/82
• USPTO Forms

What is considered a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants?

The USPTO does not provide a specific definition of what constitutes a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants. According to MPEP 402.10:

A power of attorney may not be revoked by less than all of the applicants or owners of the entire interest without good and sufficient reason, and the revocation must be approved by the Director.

The determination of what qualifies as a ‘good and sufficient reason’ is made on a case-by-case basis by the Director of the USPTO. Some potential reasons could include:

• Evidence of misconduct or negligence by the current attorney
• Irreconcilable differences between the applicant(s) and the attorney
• Inability of the attorney to continue representation due to health issues or other circumstances

Applicants seeking to revoke a power of attorney with less than all signatures should provide a detailed explanation of their reasons for the request.

To learn more:

• power of attorney
• revocation
• good and sufficient reason
• USPTO Director

A Customer Number is a USPTO-assigned number that can be used to:

• Designate the correspondence address for a patent application or patent
• Designate the fee address for a patent
• Submit a list of practitioners with power of attorney

According to MPEP 403: “A Customer Number may be used to designate the address associated with the Customer Number as the correspondence address of an application (or patent) or the fee address of a patent, and may also be used to submit a power of attorney in the application (or patent) to the registered practitioners associated with the Customer Number.”

Using a Customer Number simplifies making changes to correspondence addresses and practitioner information across multiple applications.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on Customer Number, visit: Customer Number.

For more information on Fee Address, visit: Fee Address.

For more information on power of attorney, visit: power of attorney.

A power of attorney for patent applications must include the following information:

• The attorney’s or agent’s full mailing address, including ZIP Code
• It’s recommended to include the telephone and fax numbers of the attorney or agent

As stated in MPEP 601.02: “The attorney’s or agent’s full mailing address (including ZIP Code) must be given in every power of attorney. The telephone and fax numbers of the attorney or agent should also be included in the power of attorney.”

Including this information facilitates prompt delivery of communications.

To learn more:

• power of attorney
• patent application
• attorney information
• patent procedure

When a power of attorney is accepted from less than all applicants or owners, it results in multiple parties prosecuting the application simultaneously. The MPEP states:

“The acceptance of such papers by petition under 37 CFR 1.36(a) or 1.183 will result in more than one attorney, agent, applicant, or owner prosecuting the application at the same time. Therefore, each of these parties must sign all subsequent replies submitted to the Office.”

This means:

• All involved parties must sign subsequent documents.
• The USPTO will indicate who must sign future replies.
• Double correspondence is not permitted.
• Correspondence will be mailed to the attorney or agent if one is involved.
• If multiple attorneys are involved, correspondence goes to the first-named attorney unless all parties agree otherwise.

To learn more:

• Power of Attorney
• Patent Application
• USPTO
• Multiple Parties
• Correspondence

When inventorship is corrected in a patent application, it can affect the power of attorney. For applications filed on or after September 16, 2012, 37 CFR 1.32(e) provides:

If the power of attorney was granted by the originally named inventive entity, and an added inventor pursuant to § 1.48 does not provide a power of attorney consistent with the power of attorney granted by the originally named inventive entity, the addition of the inventor results in the loss of that power of attorney upon grant of the § 1.48 request.

This means that if a new inventor is added and does not provide a power of attorney consistent with the original one, the original power of attorney is lost when the request to correct inventorship is granted. However, this provision does not prevent a practitioner from acting in a representative capacity under 37 CFR 1.34, if applicable.

It’s important for applicants and their representatives to be aware of this potential consequence when correcting inventorship and to take appropriate action to maintain or update the power of attorney as needed.

To learn more:

• Power of attorney
• Inventorship correction
• Patent application
• Legal representation

When an inventor is added to a pre-AIA patent application through a 37 CFR 1.48 request, it can affect the existing power of attorney. According to MPEP 402.05(b):

If the power of attorney was granted by the originally named inventive entity and an added inventor pursuant to § 1.48 does not provide a power of attorney consistent with the power of attorney granted by the originally named inventive entity, the addition of the inventor results in the loss of that power of attorney upon grant of the § 1.48 request.

This means that if a new inventor is added and doesn’t provide a power of attorney consistent with the original one, the original power of attorney is lost. However, this doesn’t prevent a practitioner from acting under 37 CFR 1.34, which allows for acting in a representative capacity.

To learn more:

• power of attorney
• added inventor
• pre-AIA
• 37 CFR 1.48

To learn more:

• 37 CFR 1.48

The death of an inventor (or one of the joint inventors) typically terminates the power of attorney given by the deceased inventor in an application filed before September 16, 2012, unless the power of attorney is coupled with an interest (e.g., the patent practitioner is an assignee or part-assignee). As stated in MPEP 409.01(b):

“Unless a power of attorney is coupled with an interest (i.e., a patent practitioner is assignee or part-assignee), the death of the inventor (or one of the joint inventors) terminates the power of attorney given by the deceased inventor in an application filed before September 16, 2012.”

In such cases, a new power of attorney from the heirs, administrators, executors, or assignees is necessary if the deceased inventor was the sole inventor or if all powers of attorney in the application have been terminated.

To learn more:

• power of attorney
• deceased inventor
• patent application
• pre-AIA

When a new power of attorney is filed, it generally revokes all prior powers of attorney. MPEP 402.05(a) provides several scenarios:

• If a new power of attorney is filed without explicitly revoking prior ones, it will be treated as a revocation of the original power of attorney.
• If an assignee files a new power of attorney, it revokes and replaces the original power of attorney filed by the applicant.
• If a power of attorney is given to practitioners associated with a Customer Number, and a second power of attorney is later received for a different Customer Number, the second one will replace the first.

The MPEP states:

In all of these situations, the most recently filed power of attorney will control.

This means that the latest power of attorney filed will take precedence over any previously filed ones.

To learn more:

• power of attorney
• revocation
• new filing
• Customer Number

The death of a named principal or assignee can have significant implications for an existing power of attorney in a patent application. According to MPEP 402.05:

The death of the principal may terminate the power of attorney given by him or her depending on the circumstances.

This means that the power of attorney may automatically terminate upon the death of the principal. However, the specific circumstances of each case must be considered. In cases where there are multiple applicants or assignees, the power of attorney may remain in effect for the surviving parties. It’s crucial to notify the USPTO of any changes in the status of the applicant or assignee to ensure proper representation in the patent application process. If necessary, a new power of attorney should be filed by the appropriate party, such as the executor of the deceased’s estate or the remaining applicants.

To learn more:

• power of attorney
• death of principal
• death of assignee
• patent application

For applications filed on or after September 16, 2012, 37 CFR 1.32(d) provides that a power of attorney from a prior national application may have effect in a continuing application if:

1. A copy of the power of attorney from the prior application is filed in the continuing application
2. The power of attorney was not granted by the inventor
3. The continuing application does not name an inventor who was not named in the prior application

MPEP 402.02(a) states: “37 CFR 1.32(d) specifically requires that a copy of the power of attorney from the prior application be filed in the continuing application to have effect (even where a change in power did not occur in the prior application).”

If these conditions are not met, a new power of attorney will need to be filed in the continuing application.

A power of attorney given to a suspended or disbarred patent practitioner becomes ineffective. The MPEP states: ‘Any power of attorney given to a practitioner who has been suspended or disbarred by the Office is ineffective, and does not authorize the person to practice before the Office or to represent applicants or patentees in patent matters.’ (MPEP § 407)

During an interference or derivation proceeding, any changes to the power of attorney must be forwarded to a specific board for review. As stated in MPEP 402.05: 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. This ensures that the appropriate authority handles changes in representation during these specialized proceedings.

To learn more:

• interference proceeding
• derivation proceeding
• power of attorney
• Patent Trial and Appeal Board

When a patent practitioner dies, their power of attorney is automatically revoked or terminated. According to the MPEP, The power of attorney of a patent practitioner will be revoked or terminated by his or her death. (MPEP 406)

When revoking a power of attorney in a situation where there is no practitioner of record, special considerations apply. The MPEP 402.05 states:

‘If a power of attorney is revoked, and a new power of attorney is not promptly filed, then pursuant to 37 CFR 1.33(a) the correspondence address will be changed to that of the inventor(s) or assignee(s) who last provided a correspondence address.’

This means:

• The USPTO will change the correspondence address to that of the inventor(s) or assignee(s).
• The last provided correspondence address by the inventor(s) or assignee(s) will be used.
• All future communications from the USPTO will be sent to this address.
• It’s crucial to provide a new power of attorney or update the correspondence address promptly to ensure receipt of important communications.

To learn more:

• power of attorney
• revocation
• correspondence address
• no practitioner of record

When there are multiple applicants for a patent and only some give power of attorney, the USPTO has specific rules to handle the situation. According to MPEP 402:

‘Where a power of attorney is given by fewer than all of the applicants or owners, the power of attorney is not accepted until a petition under 37 CFR 1.36(b) is granted.’

This means:

• The power of attorney is not automatically accepted if not all applicants have signed it.
• A petition under 37 CFR 1.36(b) must be filed and granted for the partial power of attorney to be accepted.
• The petition should explain why it was not possible to obtain signatures from all applicants.
• The Office of Petitions will review the petition and make a determination.

It’s generally recommended to obtain signatures from all applicants to avoid delays and potential issues with the patent application process.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO, visit: USPTO.

What happens if not all joint inventors sign a power of attorney in a patent application?

If not all joint inventors sign a power of attorney in a patent application, the power of attorney is not effective. According to MPEP 402.10:

A power of attorney must be signed by all of the applicants, or all of the assignees of the entire interest, or all parties entitled to prosecute the application, unless otherwise specified.

This means that for the power of attorney to be valid, it must be signed by all parties with the right to prosecute the application. If some inventors haven’t signed, the USPTO will treat the application as if no power of attorney has been appointed.

To learn more:

• power of attorney
• joint inventors
• patent application
• USPTO

What happens if not all inventors sign the power of attorney in a pre-September 16, 2012 application?

For applications filed before September 16, 2012, it’s crucial that all inventors who have not assigned their rights sign the power of attorney. According to MPEP 402.02(b):

If no power of attorney is on file, then a party who is not an inventor, but who has given a proper showing of ownership or of authority to take action for and on behalf of all of the applicant may appoint an attorney or agent to prosecute the application, subject to the same exception noted above.

If not all inventors sign, the power of attorney may be considered incomplete or invalid. In such cases, the USPTO may require a new power of attorney signed by all parties with the right to prosecute the application, or may accept communications only from the inventors themselves until the issue is resolved.

To learn more:

• power of attorney
• inventor signatures
• pre-AIA applications

What happens if an attorney or agent withdraws without notifying the USPTO?

If an attorney or agent withdraws from representation without notifying the USPTO, it can lead to several issues:

• The USPTO will continue to recognize the attorney or agent as the representative of record.
• Official correspondence will still be sent to the attorney or agent, potentially causing delays or missed deadlines.
• The applicant may not receive important communications about their application.

According to MPEP 402.06: “A registered attorney or agent who has been given a power of attorney and who withdraws from the application without relinquishing the power of attorney to the USPTO is still considered to be the attorney or agent of record.” To properly withdraw, the attorney or agent should follow the procedures outlined in 37 CFR 1.36 and notify the USPTO in writing.

To learn more:

• attorney withdrawal
• agent withdrawal
• USPTO notification
• power of attorney

When a new power of attorney is filed that lists only one of two previously appointed patent practitioners, it has significant implications. According to MPEP 403.02:

“Note that if the later-filed power of attorney only lists the second practitioner, the later-filed power of attorney serves as a revocation of the earlier-filed power of attorney, even without an express revocation of the power of the first patent practitioner.”

This means that filing a new power of attorney listing only one practitioner effectively revokes the authority of the previously appointed practitioner, even if the revocation is not explicitly stated. This is an important consideration for applicants and practitioners when making changes to representation.

To learn more:

• power of attorney
• patent practitioners
• revocation
• USPTO procedures

For patent applications filed before September 16, 2012, the USPTO recommends specific forms for powers of attorney. According to the MPEP:

Form PTO/SB/80 or PTO/SB/81 (available at www.uspto.gov/patent/patents-forms) should be used for powers of attorney in applications filed before September 16, 2012.

Additionally, for patents that issued from applications filed before September 16, 2012, Form PTO/SB/81A may be used. It’s important to note that the USPTO no longer recommends or provides combined declaration and power of attorney forms. Practitioners should use separate forms for declarations and powers of attorney.

To learn more:

• power of attorney
• patent application
• pre-AIA
• USPTO forms

For pre-AIA applications (filed before September 16, 2012), the MPEP mentions a specific form that can be used by assignees to revoke a power of attorney and appoint a new one:

Form PTO/SB/80 may be used by an assignee of the entire interest of the applicant to revoke a power of attorney and appoint a new power of attorney.

The process involves:

• The assignee signing the power of attorney (Form PTO/SB/80)
• Either the assignee or the newly appointed practitioner signing a statement under pre-AIA 37 CFR 3.73(b)

Additionally, Form PTO/SB/96 or an equivalent can be used for the Statement Under pre-AIA 37 CFR 3.73(b). For details on who can sign this statement, refer to MPEP § 324, subsection V.

To learn more:

• pre-AIA
• power of attorney
• assignee
• revocation
• USPTO forms

For patent applications filed on or after September 16, 2012, specific forms are required for appointing a power of attorney. The MPEP 601.02 directs applicants to the appropriate section for guidance:

“See MPEP § 402.02(a) for detailed information and relevant forms pertaining to appointment of a power of attorney in applications filed on or after September 16, 2012.”

To access the specific forms and detailed instructions, you should consult MPEP § 402.02(a). This section provides comprehensive information on the process and required documentation for appointing a power of attorney in recent patent applications.

To learn more:

• power of attorney
• patent application
• forms
• recent applications

The USPTO provides several forms for appointing a power of attorney in patent applications filed on or after September 16, 2012. These forms are available on the USPTO website and include:

• PTO/AIA/80: For use by assignees who are either the named applicant or are becoming the applicant.
• PTO/AIA/81: For use by joint inventors who are the applicant to give one or more joint inventor-applicants power of attorney.
• PTO/AIA/82: For use by the applicant for patent to appoint one or more patent practitioners.
• PTO/AIA/81A: For use in appointing a power of attorney in a patent resulting from an application filed on or after September 16, 2012.

Each form has specific uses and requirements. For example, Form PTO/AIA/80 must be accompanied by a statement under 37 CFR 3.73(c) (Form PTO/AIA/96 or equivalent) and must be signed by the named assignee or a person authorized to act on behalf of the assignee.

To learn more:

• Power of Attorney
• Patent Forms
• USPTO Forms

What documents are required for an assignee to revoke power of attorney in a patent application?

To revoke power of attorney in a patent application, an assignee must submit specific documents to the USPTO. According to MPEP 402.07, the required documents are:

• Statement under 37 CFR 3.73(c): This establishes the assignee’s ownership.
• Revocation of the existing power of attorney
• New power of attorney from the assignee

The MPEP states:

“The assignee of the entire interest can revoke the power of attorney of the applicant and appoint its own patent practitioner. The assignee must become of record as provided in 37 CFR 3.71. After the assignee becomes of record, the assignee is permitted to revoke the power of attorney of the applicant under the provisions of 37 CFR 1.36(a).”

It’s crucial to ensure all documents are properly executed and filed with the USPTO to effectively change the power of attorney.

To learn more:

• power of attorney
• assignee documents
• USPTO requirements
• patent application

For applications filed before September 16, 2012, the process for an assignee to revoke a power of attorney is different. According to the MPEP:

In applications filed before September 16, 2012, the assignee of record of the entire interest can revoke the power of attorney of the applicant unless an ‘irrevocable’ right to prosecute the application had been given as in some government owned applications.

The assignee must establish their right to take action as provided in pre-AIA 37 CFR 3.73(b). Once this is done, a power of attorney by the assignee of the entire interest revokes all powers given by the applicant and prior assignees.

Form PTO/SB/80 can be used by an assignee to revoke a power of attorney and appoint a new one. The assignee would sign the power of attorney, and either the assignee or the newly appointed practitioner would sign a statement under pre-AIA 37 CFR 3.73(b).

To learn more:

• pre-AIA
• power of attorney
• assignee
• patent application
• revocation

What are the requirements for a power of attorney to be valid in patent applications?

For a power of attorney to be valid in patent applications, it must meet the following requirements:

• It must be signed by the applicant for patent (e.g., the inventor) or the assignee of the entire interest.
• It must be in writing.
• It must name one or more representatives to act on behalf of the principal.

As stated in MPEP 402.04: ‘The power of attorney must be signed by the applicant for patent (e.g., the inventor(s)) or the assignee of the entire interest of the applicant.’ This ensures that only authorized individuals can appoint representatives to act on behalf of the applicant or assignee in patent matters.

To learn more:

• power of attorney
• patent applications
• validity requirements

For patent applications filed on or after September 16, 2012, the general requirements for powers of attorney are:

• The power of attorney must be in writing.
• It must name one or more representatives.
• It must give the representative power to act on behalf of the principal.
• It must be signed by the applicant for patent or the patent owner.

According to 37 CFR 1.32(b)(4), “A power of attorney must: […] (4) Be signed by the applicant for patent (§ 1.42) or the patent owner. A patent owner who was not the applicant under § 1.46 must appoint any power of attorney in compliance with §§ 3.71 and 3.73 of this chapter.”

It’s important to note that an assignee who is not an applicant cannot revoke or appoint a power of attorney in a patent application.

To learn more:

• Power of Attorney
• Patent Application
• Applicant
• Inventor
• Assignee

There are significant differences in power of attorney requirements for patent applications filed before and after September 16, 2012. Key differences include:

• Signature Requirements: For applications filed on or after September 16, 2012, the power of attorney must be signed by the applicant for patent or the patent owner. For applications filed before September 16, 2012, it must be signed by the applicant for patent or the assignee of the entire interest of the applicant.
• Definition of Applicant: The definition of ‘applicant’ changed with the America Invents Act. For applications filed on or after September 16, 2012, the applicant can be the inventor(s) or a non-inventor applicant (e.g., an assignee).
• Forms: Different forms are used for applications filed before and after September 16, 2012. For example, Form PTO/AIA/80 is used for applications filed on or after September 16, 2012, while Form PTO/SB/80 is used for earlier applications.

It’s crucial to use the correct forms and follow the appropriate rules based on the application’s filing date to ensure the power of attorney is properly executed and recognized by the USPTO.

To learn more:

• power of attorney
• patent application
• America Invents Act
• USPTO forms

For joint inventor applicants, MPEP 509.04(c) states that “each joint inventor should sign a separate copy of the relevant micro entity certification form.” However, there is an exception:

“If one joint inventor is appointed to prosecute the application on behalf of all the other joint inventors, then only that one joint inventor need sign the micro entity certification form.”

This appointment can be made using USPTO form PTO/AIA/81, titled “Power Of Attorney To One Or More Of The Joint Inventors And Change Of Correspondence Address”, available on the USPTO forms Web page.

To learn more:

• joint inventors
• micro entity certification
• power of attorney

When two patent practitioners are appointed, the handling of correspondence depends on how and when they were appointed. According to MPEP 403.02:

“If, after one patent practitioner is appointed, a second patent practitioner is later added by submission of a new power of attorney appointing both practitioners, correspondence will be mailed to the latest correspondence address of record.”

This means that the USPTO will use the most recently provided correspondence address. It’s important to note that this is governed by 37 CFR 1.33 and 37 CFR 1.76, which provide regulations on correspondence and application data sheets.

To learn more:

• patent practitioners
• correspondence address
• USPTO communication
• power of attorney

When two patent practitioners are appointed for the same application:

• If appointed simultaneously, the applicant should specify which address to use for correspondence.
• If a second practitioner is added later, correspondence will be sent to the most recently provided correspondence address.
• A new power of attorney appointing only the second practitioner effectively revokes the power of the first practitioner.

According to MPEP 403.02: “If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address. … If, after one patent practitioner is appointed, a second patent practitioner is later added by submission of a new power of attorney appointing both practitioners, correspondence will be mailed to the latest correspondence address of record. … Note that if the later-filed power of attorney only lists the second practitioner, the later-filed power of attorney serves as a revocation of the earlier-filed power of attorney, even without an express revocation of the power of the first patent practitioner.”

In international patent applications, a common representative can be appointed in several ways. According to MPEP 402.09 and 37 CFR 1.455(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.

If no specific appointment is made and there are multiple applicants, the first named applicant who is entitled to file with the U.S. Receiving Office is considered the common representative by default, as stated in 37 CFR 1.455(a).

To learn more:

• common representative
• international patent applications
• PCT
• power of attorney
• USPTO

The USPTO takes specific actions regarding powers of attorney granted to suspended or excluded practitioners. According to MPEP 407:

The Office of Enrollment and Discipline (OED) Director will contact the Director of the Technology Center (TC) managing the application when a practitioner has been suspended or excluded from practice. The OED Director will request that the TC Director review a pending application to determine whether the practitioner has been granted a power of attorney. If the suspended or excluded practitioner was given a power of attorney, the TC Director will notify the applicant and request a new power of attorney.

The process typically involves:

• Identification of affected applications by the OED Director
• Review of power of attorney status by the TC Director
• Notification to the applicant if a power of attorney exists
• Request for a new power of attorney from the applicant
• Potential application abandonment if no response is received within 30 days

For more information on power of attorney, visit: power of attorney.

How does the USPTO handle interviews for applications with multiple practitioners of record?

The USPTO has specific guidelines for handling interviews when multiple practitioners are of record for a patent application. MPEP 408 provides guidance on this situation:

‘Where a registered practitioner has been given a power of attorney or authorization of agent, only that practitioner, a practitioner appointed in an associate power of attorney or authorization of agent, or another registered practitioner who has the permission of one of the aforementioned practitioners may conduct an interview.’

This means that when multiple practitioners are of record, any one of them can conduct the interview. However, it’s important to note that clear communication between the practitioners is crucial to ensure consistent representation of the applicant’s interests. The USPTO typically communicates with the practitioner who initiated the interview or the one designated as the primary contact for the application.

For more information on patent examination, visit: patent examination.

For more information on power of attorney, visit: power of attorney.

How does the USPTO handle correspondence from multiple attorneys in a patent application?

The USPTO has specific guidelines for handling correspondence from multiple attorneys in a patent application:

• If multiple attorneys are listed on the Power of Attorney form, the USPTO will direct all correspondence to the first listed attorney.
• The first listed attorney is considered the ‘correspondence address’ for official communications.
• As stated in MPEP 403.01(a): ‘If more than one attorney is of record, the Office will direct correspondence to the first listed attorney in the Power of Attorney.’
• Other listed attorneys can still communicate with the USPTO, but official correspondence will be sent to the designated address.

This approach ensures clear communication channels and prevents confusion in multi-attorney cases.

To learn more:

• USPTO correspondence
• multiple attorneys
• patent application
• Power of Attorney

How does the USPTO handle correspondence for applications with multiple attorneys or agents?

When an application has multiple attorneys or agents of record, the USPTO follows specific guidelines for correspondence:

• The USPTO will direct all correspondence to the first named attorney or agent of record, unless otherwise specified.
• If a customer number is provided, correspondence will be sent to the address associated with that customer number.
• Applicants can designate one or more attorneys or agents to receive correspondence by filing a power of attorney or including the information in an application data sheet.

As stated in the MPEP:

If applicant provides, in a single paper, a list of patent practitioners and a correspondence address without also filing a clear power of attorney to a patent practitioner, the Office will direct all correspondence to the correspondence address pursuant to 37 CFR 1.33(a). (MPEP 403)

It’s important to clearly designate correspondence preferences to ensure proper communication with the USPTO.

For more information on patent agents, visit: patent agents.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO correspondence, visit: USPTO correspondence.

The USPTO has specific procedures for handling changes in power of attorney and correspondence address. According to MPEP 403:

‘A new power of attorney or change of correspondence address filed in a patent application or patent does not change the correspondence address for any other application or patent.’

Key points to remember:

• Each application or patent is treated separately.
• A change in one application doesn’t automatically apply to others, even if filed by the same applicant or assignee.
• To change multiple applications, you must file separate requests for each one.
• Using a customer number can simplify this process for multiple applications.

It’s crucial to ensure that any changes are properly filed and recorded to maintain effective communication with the USPTO.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO, visit: USPTO.

The USPTO determines the correspondence address based on the most recent information provided. According to MPEP 403.02:

“If, after one patent practitioner is appointed, a second patent practitioner is later added by submission of a new power of attorney appointing both practitioners, correspondence will be mailed to the latest correspondence address of record.”

This means that the USPTO will use the most recently provided correspondence address, regardless of which practitioner it is associated with. This practice is governed by 37 CFR 1.33 and 37 CFR 1.76, which provide regulations on correspondence and application data sheets. It’s crucial for applicants and practitioners to keep the correspondence address up to date to ensure proper communication with the USPTO.

To learn more:

• correspondence address
• USPTO communication
• patent practitioners
• power of attorney

For applications filed on or after September 16, 2012, the power of attorney from a prior application may have effect in the continuing application under certain conditions. The MPEP states: 37 CFR 1.32(d) provides that a power of attorney from a prior national application for which benefit is claimed under 35 U.S.C. 120, 121, or 365(c) in a continuing application may have effect in the continuing application if a copy of the power of attorney from the prior application is filed in the continuing application unless: (1) The power of attorney was granted by the inventor; and (2) The continuing application names an inventor who was not named as an inventor in the prior application. It’s recommended to file a copy of the power of attorney in the continuing application in all situations to clarify the record.

To learn more:

• power of attorney
• continuing application
• prior application

The death of an inventor can have significant implications for power of attorney in a patent application. According to MPEP 409.01(a):

Unless a power of attorney is coupled with an interest (i.e., a patent practitioner is assignee or part-assignee), the death of an inventor who is an applicant party terminates the power of attorney given by the deceased inventor in an application filed on or after September 16, 2012.

This means that in most cases, when an inventor who is also an applicant dies, any power of attorney they had given is automatically terminated. As a result:

• If the deceased inventor was the sole inventor-applicant, a new power of attorney is necessary.
• If all powers of attorney in the application have been terminated due to the inventor’s death, a new power of attorney is required.
• The new power of attorney must come from the heirs, administrators, executors, or assignees of the deceased inventor.

It’s important for legal representatives and other parties involved in the patent application to be aware of this and take appropriate action to ensure the application can continue to be prosecuted effectively.

To learn more:

• power of attorney
• deceased inventor
• patent application
• legal representative

How does the AIA impact power of attorney for applications filed before September 16, 2012?

The America Invents Act (AIA) does not significantly change the power of attorney requirements for applications filed before September 16, 2012. As stated in MPEP 402.02(b):

For applications filed before September 16, 2012, all parties having the right to prosecute the application at the time of filing the power of attorney must act together in appointing a power of attorney.

This means that the pre-AIA rules continue to apply for these older applications. However, it’s important to note that any new applications filed on or after September 16, 2012, are subject to the updated AIA rules regarding power of attorney.

To learn more:

• AIA
• power of attorney
• pre-AIA applications

When a power of attorney is revoked, it affects pending applications as follows:

• The revocation is effective upon receipt in the USPTO.
• It applies to all pending applications in which the attorney or agent was appointed, unless specifically limited.
• The Office will not communicate further with the revoked attorney/agent.
• The applicant must appoint a new representative or correspond directly with the Office.

As stated in MPEP 402.05: ‘A power of attorney may be revoked at any stage in the proceedings of a case.’ This means the revocation can occur at any point during the patent application process.

To learn more:

• power of attorney
• revocation
• pending applications
• USPTO communication

When a power of attorney is revoked, it’s important to understand its impact on pending amendments in a patent application. According to MPEP 402.05:

Any amendments made in an application after the filing date of the application will not be effective to revoke a power of attorney.

This means that if an applicant submits an amendment to revoke a power of attorney after the application’s filing date, that amendment will not be effective in revoking the power of attorney. To properly revoke a power of attorney, the applicant must follow the specific procedures outlined in the MPEP, such as submitting a separate revocation document or a new power of attorney.

To learn more:

• power of attorney
• revocation
• amendments
• patent application

MPEP 402.08 has significant implications for patent attorneys involved in derivation proceedings. The key provision states:

While an application is involved in an interference or derivation proceeding, any power of attorney of or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration.

For patent attorneys, this means:

• Any changes in representation must go through the PTAB, not regular USPTO channels.
• There may be delays in processing power of attorney changes due to PTAB review.
• Attorneys must be prepared to justify changes in representation to the PTAB if necessary.
• The timing of representation changes may be influenced by the ongoing derivation proceeding.

Patent attorneys should be aware of these special procedures to ensure smooth transitions in representation during derivation proceedings.

To learn more:

• patent attorneys
• derivation proceeding
• power of attorney
• PTAB
• MPEP 402.08

To learn more:

• MPEP 402.08

Filing a new power of attorney typically revokes all prior powers of attorney. According to MPEP 402.05: When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files another power of attorney, giving power of attorney to D without revoking all prior powers of attorney, the subsequently filed power of attorney will be treated as a revocation of the original power of attorney. This means that the most recently filed power of attorney will control.

To learn more:

• power of attorney
• revocation
• multiple attorneys
• patent application

In pre-2012 patent applications, filing a new power of attorney can have significant effects on existing powers of attorney. MPEP 402.05(b) outlines several scenarios:

1. New power of attorney without explicit revocation: “When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files another power of attorney, giving power of attorney to D without revoking all prior powers of attorney, the subsequently filed power of attorney will be treated as a revocation of the original power of attorney.”
2. Assignee filing new power of attorney: “If the applicant signed the original power of attorney, and an assignee of the entire interest of the applicant later takes action and files a new power of attorney, the original power of attorney is revoked and replaced by the power of attorney filed by the assignee.”
3. Change in Customer Number: “If a power of attorney is given to the practitioners associated with a Customer Number, and a (second) power of attorney is later received giving power of attorney to patent practitioners associated with a different Customer Number, the second power of attorney will be processed, with the first Customer Number being replaced with the second.”

In all these cases, the most recently filed power of attorney will control, effectively revoking or replacing the previous ones.

To learn more:

• power of attorney
• revocation
• pre-AIA
• customer number

Correcting inventorship can potentially affect the power of attorney in a patent application. The MPEP states:

For applications filed on or after September 16, 2012, 37 CFR 1.32(e) provides that if the power of attorney was granted by the originally named inventive entity, and an added inventor pursuant to 37 CFR 1.48 does not provide a power of attorney consistent with the power of attorney granted by the originally named inventive entity, the addition of the inventor results in the loss of that power of attorney upon grant of the 37 CFR 1.48 request.

This means that if a new inventor is added and doesn’t provide a consistent power of attorney, the original power of attorney may be lost. However, the MPEP also notes, This provision does not preclude a practitioner from acting in a representative capacity pursuant to 37 CFR 1.34, if applicable. It’s important to consider this potential consequence when correcting inventorship in applications filed on or after September 16, 2012.

To learn more:

• inventorship correction
• power of attorney
• added inventor
• representative capacity

How does attorney withdrawal affect the power of attorney in a patent application?

When an attorney withdraws from a patent application, it affects the power of attorney status. According to MPEP 402.06:

“The Office will not remove the names of practitioners who have been granted a power of attorney or authorization of agent from the list of practitioners of record at the request of the practitioner filing the withdrawal.”

This means that even after withdrawal, the attorney’s name may remain on record unless specific actions are taken. However, the withdrawn attorney no longer has the authority to act on behalf of the application. To fully revoke the power of attorney, the applicant must file a revocation and/or new power of attorney. It’s crucial for applicants to update their power of attorney promptly after an attorney’s withdrawal to ensure proper representation and communication with the USPTO.

To learn more:

• attorney withdrawal
• power of attorney
• patent application

Adding an inventor to a patent application can affect an existing power of attorney under certain circumstances. According to MPEP 402.05(a):

If the power of attorney was granted by the originally named inventive entity and an added inventor pursuant to § 1.48 does not provide a power of attorney consistent with the power of attorney granted by the originally named inventive entity, the addition of the inventor results in the loss of that power of attorney upon grant of the § 1.48 request.

This means that if a new inventor is added to the application and does not provide a power of attorney that matches the existing one, the original power of attorney will be lost when the request to add the inventor is granted. However, this doesn’t prevent a practitioner from acting under 37 CFR 1.34 if applicable.

To learn more:

• adding inventor
• power of attorney
• patent application
• inventive entity

Adding an inventor to a patent application can potentially affect an existing power of attorney. According to MPEP 402.02(a):

“If the power of attorney was granted by the originally named inventive entity, and an added inventor pursuant to § 1.48 does not provide a power of attorney consistent with the power of attorney granted by the originally named inventive entity, the addition of the inventor results in the loss of that power of attorney upon grant of the § 1.48 request.”

This means that if a new inventor is added to the application and does not provide a power of attorney consistent with the existing one, the original power of attorney will be lost. However, this provision does not preclude a practitioner from acting pursuant to 37 CFR 1.34, if applicable.

It’s important for applicants and practitioners to be aware of this potential consequence when adding inventors to an application, and to take appropriate steps to maintain or reestablish the desired power of attorney.

To learn more:

• power of attorney
• adding inventor
• patent application
• inventive entity

In pre-AIA patent applications (filed before September 16, 2012), a power of attorney given by the assignee of the entire interest has significant implications for previous powers of attorney. As stated in the MPEP:

A power of attorney by the assignee of the entire interest revokes all powers given by the applicant and prior assignees if the assignee establishes their right to take action as provided in pre-AIA 37 CFR 3.71 and pre-AIA 37 CFR 3.73(b).

This means that when the assignee of the entire interest files a new power of attorney, it effectively cancels all previous powers of attorney given by the applicant or any prior assignees. However, the assignee must properly establish their right to take action in the application according to the relevant regulations.

To learn more:

• power of attorney
• patent application
• pre-AIA
• assignee
• revocation

The requirements for power of attorney in patent applications differ based on the filing date:

• For applications filed on or after September 16, 2012: Refer to MPEP § 402.02(a) for detailed information and relevant forms.
• For applications filed before September 16, 2012: Consult MPEP § 402.02(b) for specific details and applicable forms.

The MPEP 601.02 states: “See MPEP § 402.02(a) for detailed information and relevant forms pertaining to appointment of a power of attorney in applications filed on or after September 16, 2012. See MPEP § 402.02(b) for detailed information and relevant forms pertaining to appointment of a power of attorney in applications filed before September 16, 2012.”

This distinction is important as it affects the specific procedures and forms required for appointing a power of attorney.

To learn more:

• power of attorney
• patent application
• filing date
• patent procedure

To revoke a power of attorney in a patent application:

• The applicant or assignee of the entire interest must submit a revocation signed by them.
• The revocation should be submitted to the USPTO in writing.
• It can be done by filing a new power of attorney (Form PTO/AIA/82) and checking the revocation box.
• Alternatively, you can submit a document specifically revoking the previous power of attorney.

As stated in the MPEP 402: ‘A power of attorney may be revoked at any stage in the proceedings of a case.’ It’s important to note that revoking a power of attorney does not remove attorneys from the list of patent practitioners associated with an application. To do that, you must file a separate request.

For more information on power of attorney, visit: power of attorney.

For more information on revocation, visit: revocation.

For more information on USPTO, visit: USPTO.

Joint inventors who are the applicant can appoint a power of attorney in a patent application using Form PTO/AIA/81. This form allows joint inventors to give one or more joint inventor-applicants the power of attorney to sign on behalf of all joint inventor-applicants.

According to the MPEP:

“Form PTO/AIA/81 may be used by joint inventors who are the applicant to give one or more joint inventor-applicants power of attorney to sign on behalf of all joint inventor-applicants. Since powers of attorney must be signed by ‘the applicant,’ all joint inventor-applicants must sign a power of attorney, including the joint inventor(s) who are being given power of attorney.”

For example, if there are four joint inventors (A, B, C, and D) who are all applicants, and they wish to appoint inventor-applicant C as having power of attorney, all four inventors (A, B, C, and D) must sign the power of attorney form appointing C.

It’s important to note that all joint inventor-applicants must sign the power of attorney, even those who are being given the power to act on behalf of the others.

To learn more:

• Power of Attorney
• Joint Inventors
• Patent Application
• Form PTO/AIA/81

How can I revoke a power of attorney in a patent application filed on or after September 16, 2012?

To revoke a power of attorney in a patent application filed on or after September 16, 2012, you need to follow these steps:

• Submit a new power of attorney form (PTO/AIA/82) or a revocation form (PTO/AIA/83).
• The revocation must be signed by the applicant or patent owner.
• If using form PTO/AIA/82, check the box indicating revocation of all previous powers of attorney.

According to MPEP 402.02(a): “A power of attorney may be revoked only by the applicant or patent owner. An assignee who is not the applicant may revoke a power of attorney only if the assignee becomes the applicant per 37 CFR 1.46(c).”

It’s important to note that the revocation is not retroactive; it only takes effect when received by the USPTO.

To learn more:

• power of attorney
• revocation
• patent application
• USPTO

An attorney or agent who has been given power of attorney can withdraw by submitting a request to the USPTO. According to MPEP 402.06:

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“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.”

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The request should briefly state the reason(s) for withdrawal. If based on issues like lack of compensation, it’s recommended to cite “irreconcilable differences” to maintain client confidentiality. The withdrawal is effective when approved by the USPTO, not when received.

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Practitioners must take steps to protect the client’s interests when withdrawing, such as giving reasonable notice and allowing time to hire new counsel. The Request for Withdrawal As Attorney or Agent form (PTO/AIA/83) can be used.

For more information on patent representation, visit: patent representation.

For more information on power of attorney, visit: power of attorney.

For applications filed on or after September 16, 2012, an assignee must first become the applicant under 37 CFR 1.46(c) to revoke a previously given power of attorney and/or grant a new one. This is because, as stated in the MPEP, any power of attorney must be signed by the applicant or patent owner. The process involves:

• The assignee becoming the applicant
• Revoking the previous power of attorney
• Granting a new power of attorney

For more details on establishing the right of an assignee to take action, refer to MPEP § 325.

To learn more:

• power of attorney
• assignee
• patent application
• revocation

How can an applicant revoke a power of attorney?

An applicant can revoke a power of attorney by submitting a new power of attorney (Form AIA/82 for applications filed on or after September 16, 2012, or Form PTO/SB/80 for applications filed before September 16, 2012) or by submitting a revocation signed by the applicant. As stated in the MPEP:

“A power of attorney may be revoked at any stage in the proceedings of a case, and an applicant may appoint a new attorney or agent at any stage in the proceedings of the case by filing a new power of attorney.” (MPEP 402)

It’s important to note that the revocation should be clear and unambiguous, and it should be submitted to the USPTO for proper processing.

For more information on power of attorney, visit: power of attorney.

For more information on revocation, visit: revocation.

How can an applicant revoke a power of attorney in a patent application?

An applicant can revoke a power of attorney in a patent application by submitting a new power of attorney or by filing a revocation signed by the applicant. According to MPEP 601.02:

“A power of attorney may be revoked at any stage in the proceedings of a case, and a power of attorney to a subsidiary prior organization is revoked by a power to a primary organization.”

It’s important to note that:

• The revocation should be clear and unambiguous
• A new power of attorney automatically revokes the previous one
• The revocation should be signed by the applicant or assignee of the entire interest

After revocation, the USPTO will communicate directly with the applicant or the newly appointed attorney/agent.

To learn more:

• power of attorney
• revocation
• patent application
• USPTO

For patent applications filed before September 16, 2012, an applicant can revoke a power of attorney using Form PTO/SB/81. According to MPEP 402.05(b), “Form PTO/SB/81 may be used to revoke a power of attorney in an application filed before September 16, 2012.” The revocation can be done at any stage of the proceedings by an applicant for patent or an assignee of the entire interest of the applicant.

It’s important to note that fewer than all of the applicants or assignees may revoke the power of attorney only upon showing sufficient cause and paying a petition fee. The patent practitioner will be notified of the revocation, and the notice will be mailed to the correspondence address for the application in effect before the revocation.

To learn more:

• power of attorney
• revocation
• pre-AIA
• patent application

How can an applicant revoke a power of attorney filed on or after September 16, 2012?

An applicant can revoke a power of attorney filed on or after September 16, 2012, by following these steps:

• Submit a new power of attorney (Form AIA/82 or equivalent) that is properly executed by the applicant.
• File a revocation of the previous power of attorney. This can be done using the revocation form PTO/AIA/82A or by submitting a clear instruction to revoke the previous power of attorney.

According to MPEP 402.02(a):

“The power of attorney may be revoked by filing a revocation of power of attorney. The revocation may be signed by the applicant for patent (all parties identified as the applicant or invention) or the patent owner. A new power of attorney from the applicant for patent (all parties identified as the applicant) or the patent owner may also be filed, which will act as a revocation of the previous power.”

It’s important to note that the new power of attorney must be properly executed by all applicants to be effective in revoking the previous power of attorney.

To learn more:

• power of attorney
• revocation
• patent application
• AIA

An applicant or patent owner can revoke a power of attorney in a patent application filed on or after September 16, 2012 by following these steps:

• Submit a revocation signed by the applicant or patent owner
• Include a new power of attorney signed by the applicant or patent owner

According to MPEP 601.03(a):

“The revocation and new power of attorney may be combined in a single paper.”

It’s important to note that the revocation must be signed by the applicant or patent owner, not by a practitioner acting on their behalf.

To learn more:

• power of attorney
• revocation
• patent application
• September 16 2012

A registered patent attorney or agent who has been given a power of attorney can withdraw as attorney or agent of record by following these steps:

• File an application for withdrawal with the USPTO Director
• Obtain approval from the Director
• Provide notice to the client

As stated in 37 CFR 1.36(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.

It’s important to note that the withdrawal is effective only when approved by the USPTO, not when the request is received.

To learn more:

• patent attorney withdrawal
• USPTO representation
• power of attorney
• patent agent

A person acting in a representative capacity under 37 CFR 1.34 may execute a power to inspect an application only if:

• The patent practitioner was named in the application transmittal papers filed under 37 CFR 1.53 or the national stage documents filed under 37 CFR 1.495, and
• A power of attorney has not been appointed under 37 CFR 1.32.

Once a power of attorney has been filed, any previously filed power to inspect signed by a patent practitioner who does not have a power of attorney will cease to have effect.

How can a practitioner become of record in a patent application filed on or after September 16, 2012?

A practitioner can become of record in a patent application filed on or after September 16, 2012, through the following methods:

• Filing an Application Data Sheet (ADS) that names the practitioner as the representative
• Filing a power of attorney (POA) signed by the applicant
• Filing a patent application transmittal letter signed by the applicant and naming the practitioner as a representative
• Being named as the representative in the oath or declaration

As stated in MPEP 403.01(a): ‘A power of attorney or authorization of agent may be given to a customer number in applications filed on or after September 16, 2012.’ This allows for easier management of multiple practitioners associated with a single customer number.

To learn more:

• practitioner of record
• patent application
• power of attorney
• Application Data Sheet
• customer number

How can a power of attorney be revoked in a patent application?

A power of attorney can be revoked in a patent application through the following methods:

• Filing a new power of attorney: This automatically revokes the previous power of attorney.
• Filing a revocation signed by the applicant or assignee of the entire interest: This explicitly revokes the previous power of attorney.

As stated in MPEP 601.02: ‘A new power of attorney or authorization of agent filed in the application on or after September 16, 2012, automatically revokes any previously filed power of attorney or authorization of agent.’

It’s important to note that the new power of attorney or revocation must be properly executed by the applicant or assignee to be effective.

To learn more:

• power of attorney
• revocation
• patent application
• USPTO

A juristic entity (e.g., corporations, universities, or other organizations) can give power of attorney in a patent application through an appropriate official. According to MPEP 402:

‘Where the applicant is a juristic entity (e.g., organizational assignee), a power of attorney must be signed by a person authorized to act on behalf of the applicant.’

The process typically involves:

• An official with signing authority (e.g., CEO, president, or authorized patent counsel) signs the power of attorney form.
• The signed form is submitted to the USPTO along with the patent application or separately if done after filing.
• If requested by the USPTO, documentation may need to be provided to establish the authority of the person signing on behalf of the juristic entity.

It’s important to ensure that the person signing has the actual authority to bind the juristic entity in patent matters.

For more information on juristic entity, visit: juristic entity.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO, visit: USPTO.

Can one co-inventor revoke a power of attorney in a patent application?

No, a single co-inventor cannot unilaterally revoke a power of attorney in a patent application. The MPEP 402.10 states:

A power of attorney may not be revoked by less than all of the applicants or owners of the entire interest without good and sufficient reason, and the revocation must be approved by the Director.

This means that to revoke a power of attorney, all co-inventors or owners of the entire interest must agree to the revocation. If a single co-inventor wishes to revoke the power of attorney, they must provide a good and sufficient reason, and the revocation must be approved by the Director of the USPTO.

To learn more:

• power of attorney
• revocation
• co-inventors
• patent application

Yes, multiple attorneys can be appointed in a patent application. According to MPEP 402.02:

More than one attorney, agent, or other party may be appointed as representative of the applicant or owner.

When appointing multiple attorneys:

• Use the appropriate power of attorney form (PTO/AIA/82 for applications filed on or after September 16, 2012, or PTO/SB/81 for earlier applications).
• List all attorneys or agents to be appointed.
• Specify if they are to act independently or as a team.

To learn more:

• power of attorney
• multiple attorneys
• patent application

Can an inventor’s attorney conduct an interview without a power of attorney?

Yes, an inventor’s attorney can conduct an interview without a power of attorney under certain conditions. The MPEP 405 provides guidance on this matter:

Interviews may be granted to an attorney or agent who is not of record in an application if the conditions of 37 CFR 1.33(b)(3) are satisfied.

This means that if the attorney or agent complies with the requirements set forth in 37 CFR 1.33(b)(3), they can conduct an interview even without a formal power of attorney. These requirements typically include providing evidence of their authority to act on behalf of the applicant.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO procedures, visit: USPTO procedures.

Can an assignee revoke power of attorney in all types of patent applications?

An assignee’s ability to revoke power of attorney applies to most, but not all, types of patent applications. According to MPEP 402.07, there are specific scenarios where this is explicitly allowed:

“For applications involved in an interference or derivation proceeding, 37 CFR 41.5(b) or 42.10(e) provides that the assignee of the entire interest in an application or patent involved in the proceeding may act to the exclusion of the inventor. For national stage applications under 35 U.S.C. 371, the assignee may revoke any power of attorney of the applicant in the national stage application filed under 35 U.S.C. 371 and appoint any representative if the assignee has properly made itself of record in the national stage application pursuant to 37 CFR 3.71.”

This means assignees can revoke power of attorney in:

• Applications involved in interference or derivation proceedings
• National stage applications under 35 U.S.C. 371

For other types of applications, the general rule applies where the assignee must first become of record and then can revoke the applicant’s power of attorney. It’s important to consult with a patent attorney or agent for specific cases to ensure compliance with USPTO regulations.

To learn more:

• power of attorney
• assignee rights
• patent application types
• USPTO procedures

In general, an assignee can revoke a power of attorney in most applications. However, there is an exception for certain government-owned applications. The MPEP states:

In applications filed before September 16, 2012, the assignee of record of the entire interest can revoke the power of attorney of the applicant unless an ‘irrevocable’ right to prosecute the application had been given as in some government owned applications.

This implies that in some government-owned applications, an irrevocable right to prosecute may have been granted, which would prevent the assignee from revoking the power of attorney. If you’re dealing with a government-owned application, it’s crucial to check whether such an irrevocable right exists before attempting to revoke a power of attorney.

To learn more:

• government-owned application
• power of attorney
• assignee
• revocation
• irrevocable right

Can an assignee revoke a power of attorney given by the applicant in a patent application?

Yes, an assignee can revoke a power of attorney given by the applicant in a patent application, provided certain conditions are met. According to MPEP 402.07:

“The assignee of the entire interest can revoke the power of attorney of the applicant and appoint its own patent practitioner.”

This is possible when:

• The assignee has properly become of record pursuant to 37 CFR 3.71.
• The application is involved in an interference or derivation proceeding.
• The application is national stage application filed under 35 U.S.C. 371.

It’s important to note that the assignee must follow proper procedures and file the necessary documents with the USPTO to effectuate this change.

To learn more:

• power of attorney
• assignee rights
• patent application
• USPTO procedures

An assignee’s ability to appoint a power of attorney in a patent application depends on whether the assignee is the applicant. According to the MPEP:

• An assignee who is the applicant may appoint an effective power of attorney without the need to establish the right to take action under 37 CFR 3.71.
• An assignee who is not the applicant may sign a power of attorney only if the assignee becomes the applicant per 37 CFR 1.46(c), which requires compliance with 37 CFR 3.71 and 3.73.

As stated in the MPEP, “An assignee or obligated assignee who is the applicant may appoint an effective power of attorney without the need to establish the right to take action under 37 CFR 3.71.” However, “An assignee who is not the applicant may sign a power of attorney only if the assignee becomes the applicant per 37 CFR 1.46(c) (which requires compliance with 37 CFR 3.71 and 3.73).”

It’s important to note that an assignee who is not an applicant cannot revoke or appoint a power of attorney in a patent application without first becoming the applicant.

To learn more:

• Power of Attorney
• Assignee
• Patent Application
• Applicant

Can a practitioner act on behalf of an applicant without a power of attorney?

Yes, a practitioner can act on behalf of an applicant without a power of attorney in certain circumstances. According to MPEP 402.04:

‘A practitioner may in some circumstances within the discretion of the Office act without any power of attorney or authorization of agent when it appears necessary to preserve the rights of the applicant.’

This provision allows for urgent action to be taken to protect the applicant’s interests, even if a formal power of attorney is not in place. However, it’s important to note that this is at the discretion of the USPTO and is typically limited to situations where immediate action is necessary to prevent loss of rights.

To learn more:

• practitioner representation
• power of attorney
• USPTO discretion

Generally, a power of attorney must be signed by all applicants or owners of a patent application. However, there are exceptions:

1. For revocation: A power of attorney signed by less than all applicants/owners may be accepted if accompanied by a petition under 37 CFR 1.36(a) and fee, with a showing of sufficient cause.
2. For appointment: A power of attorney signed by less than all applicants/owners may be accepted if accompanied by a petition under 37 CFR 1.183 and fee, demonstrating an extraordinary situation where justice requires waiver of the requirement.

MPEP 402.10 states: “The appointment and/or revocation are not accepted until the petition under 37 CFR 1.36(a) or 1.183 is granted. Therefore, the attorney or agent newly appointed by such papers is not permitted to submit any documents (such as an information disclosure statement (IDS)) into the application file until the petition under 37 CFR 1.36(a) or 1.183 is granted.”

Yes, a power of attorney can be revoked. The process for revoking a power of attorney is outlined in MPEP 601.02:

“A power of attorney may be revoked at any stage in the proceedings of a case, and a power of attorney to a subsidiary attorney will not be revoked by appointment of a principal attorney.”

To revoke a power of attorney:

• The applicant or assignee must submit a signed revocation document to the USPTO.
• The revocation should clearly state the intent to revoke the previous power of attorney.
• If appointing a new attorney or agent, a new power of attorney should be submitted along with the revocation.

It’s important to note that revoking a power of attorney does not remove the attorney or agent from the record. To change the correspondence address, a separate request must be made.

To learn more:

• power of attorney
• revocation
• USPTO
• patent application

Yes, a power of attorney can be revoked in a patent application. The process for revocation is outlined in MPEP 402:

‘The power of attorney may be revoked at any time. Pursuant to 37 CFR 1.36(a), an applicant may revoke a power of attorney by filing a new power of attorney that is not directed to the patent practitioner(s) of record.’

To revoke a power of attorney:

• File a new power of attorney form (PTO/AIA/82) with the USPTO.
• The new form should either name new representative(s) or indicate that the applicant wishes to prosecute the application pro se (without an attorney).
• Ensure the form is signed by the applicant or, in the case of a juristic entity, by an authorized official.
• Submit the form through the USPTO’s Electronic Filing System (EFS-Web) or by mail.

It’s important to note that merely filing a new power of attorney automatically revokes the previous one. There’s no need for a separate revocation document unless you want to revoke without appointing a new representative.

For more information on power of attorney, visit: power of attorney.

For more information on pro se, visit: pro se.

For more information on revocation, visit: revocation.

For more information on USPTO, visit: USPTO.

The revocation of a power of attorney must be done in writing and cannot be accomplished through informal means such as telephone or email. The MPEP 402.05 states:

A power of attorney may not be revoked by a telephone call.

While this quote specifically mentions telephone calls, the same principle applies to emails or other informal communications. To properly revoke a power of attorney, applicants must submit a written revocation document or a new power of attorney that complies with the requirements set forth in MPEP 402. This ensures that the revocation is properly documented and effective in the patent application process.

To learn more:

• power of attorney
• revocation
• communication methods
• patent procedure

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:

• power of attorney
• revocation
• joint inventors
• applicants

No, a power of attorney cannot be partially revoked for specific patent applications. The MPEP 402.05 states:

‘A principal cannot revoke selected powers of the power of attorney while leaving other powers in effect.’

This means that when revoking a power of attorney, it must be revoked in its entirety for all applications and patents to which it was applied. If you wish to maintain representation for certain applications while revoking others, you would need to file a new power of attorney for those specific applications you want to keep under representation.

To learn more:

• power of attorney
• revocation
• partial revocation
• USPTO policy