Can a power of attorney be revoked in a patent application, and if so, how?

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 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.