Can a power of attorney be revoked in a patent application, and if so, how?
Yes, a power of attorney can be revoked in a patent application. The process for revocation is outlined in MPEP 402:
‘The power of attorney may be revoked at any time. Pursuant to 37 CFR 1.36(a), an applicant may revoke a power of attorney by filing a new power of attorney that is not directed to the patent practitioner(s) of record.’
To revoke a power of attorney:
- File a new power of attorney form (PTO/AIA/82) with the USPTO.
- The new form should either name new representative(s) or indicate that the applicant wishes to prosecute the application pro se (without an attorney).
- Ensure the form is signed by the applicant or, in the case of a juristic entity, by an authorized official.
- Submit the form through the USPTO’s Electronic Filing System (EFS-Web) or by mail.
It’s important to note that merely filing a new power of attorney automatically revokes the previous one. There’s no need for a separate revocation document unless you want to revoke without appointing a new representative.
For more information on power of attorney, visit: power of attorney.
For more information on pro se, visit: pro se.
For more information on revocation, visit: revocation.
For more information on USPTO, visit: USPTO.