Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 400 – Representative of Applicant or Owner (8)
How can I revoke a power of attorney in a patent application filed on or after September 16, 2012?
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:
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:
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:
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:
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:
- 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.”
- 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.”
- 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:
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:
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:
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.
MPEP 402 – Power of Attorney; Naming Representative (1)
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.
Patent Law (8)
How can I revoke a power of attorney in a patent application filed on or after September 16, 2012?
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:
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:
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:
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:
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:
- 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.”
- 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.”
- 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:
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:
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:
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.
Patent Procedure (8)
How can I revoke a power of attorney in a patent application filed on or after September 16, 2012?
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:
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:
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:
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:
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:
- 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.”
- 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.”
- 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:
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:
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:
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.