Can a power of attorney be revoked after the patent grant?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
Yes, a power of attorney can be revoked after the patent grant. The process for revoking a power of attorney post-grant is similar to pre-grant revocation:
- The patent owner must file a revocation with the USPTO
- A new power of attorney should be filed if a new attorney is appointed
- The revocation should include the patent number
MPEP 2560 clarifies, “A power of attorney may be revoked at any stage in the proceedings of a case.” This includes both pre-grant and post-grant stages. The revocation becomes effective upon processing by the Office.
Topics:
MPEP 2500 - Maintenance Fees
MPEP 2560 - Revocation Of Power Of Attorney And Withdrawal Of Attorney
Patent Law
Patent Procedure