Can a power of attorney be appointed or revoked by less than all applicants or owners?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
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.
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.”
Topics:
MPEP 400 - Representative of Applicant or Owner
Patent Law
Patent Procedure