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.

Topics: MPEP 400 - Representative of Applicant or Owner, MPEP 402 - Power of Attorney; Naming Representative, Patent Law, Patent Procedure
Tags: power of attorney, pro se, revocation, USPTO