Can a nonsigning inventor revoke or grant a power of attorney?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.