Can a power of attorney be revoked in applications filed before September 16, 2012?

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 applications filed before September 16, 2012. The MPEP 402.02(b) states:

“A power of attorney may be revoked at any stage in the proceedings of a case.”

The revocation process for pre-September 16, 2012 applications involves the following:

• The revocation must be in writing.
• It must be signed by the applicant or the assignee of the entire interest of the applicant.
• The revocation is not effective until it is accepted by the Office.

It’s important to note that revoking a power of attorney does not automatically grant power to a new attorney. A new power of attorney must be filed to appoint a new representative.