What forms are used for assignee revocation of power of attorney in pre-AIA applications?
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…
Read MoreWhat are the rules for assignee revocation of power of attorney in applications filed before September 16, 2012?
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…
Read MoreWhat 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 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).…
Read MoreHow can an applicant or patent owner revoke a power of attorney in a patent application filed on or after September 16, 2012?
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…
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