Can a power of attorney be revoked, and if so, how?
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.
Yes, a power of attorney can be revoked. The process for revoking a power of attorney is outlined in MPEP 601.02:
“A power of attorney may be revoked at any stage in the proceedings of a case, and a power of attorney to a subsidiary attorney will not be revoked by appointment of a principal attorney.”
To revoke a power of attorney:
- The applicant or assignee must submit a signed revocation document to the USPTO.
- The revocation should clearly state the intent to revoke the previous power of attorney.
- If appointing a new attorney or agent, a new power of attorney should be submitted along with the revocation.
It’s important to note that revoking a power of attorney does not remove the attorney or agent from the record. To change the correspondence address, a separate request must be made.
Topics:
Patent Law
Patent Procedure