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

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

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.

To learn more:

Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: patent representation, pre-AIA applications