What is the difference in power of attorney revocation between pre-AIA and post-AIA applications?
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…
Read MoreWhat is the difference between a principal and an associate power of attorney in patent applications?
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:…
Read MoreWho handles power of attorney changes during interference or derivation proceedings?
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…
Read MoreWhat documents are required for an assignee to revoke power of attorney in a patent application?
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…
Read MoreWhen does a revocation of power of attorney become effective?
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…
Read MoreHow does revocation of power of attorney affect pending amendments in a patent application?
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…
Read MoreHow does revocation of power of attorney affect pending 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…
Read MoreWhat happens if there’s no practitioner of record when revoking a power of attorney?
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…
Read MoreCan a power of attorney be revoked by fewer than all of the applicants?
Yes, a power of attorney can be revoked by fewer than all of the applicants, but with certain conditions. According to MPEP 402.05: ‘A power of attorney may be revoked by fewer than all of the applicants (or fewer than all patent owners in a reexamination proceeding or supplemental examination proceeding) if the power was…
Read MoreHow 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).…
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