Can an assignee revoke a power of attorney in a government-owned application?

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.

In general, an assignee can revoke a power of attorney in most applications. However, there is an exception for certain government-owned applications. The MPEP states:

In applications filed before September 16, 2012, the assignee of record of the entire interest can revoke the power of attorney of the applicant unless an ‘irrevocable’ right to prosecute the application had been given as in some government owned applications.

This implies that in some government-owned applications, an irrevocable right to prosecute may have been granted, which would prevent the assignee from revoking the power of attorney. If you’re dealing with a government-owned application, it’s crucial to check whether such an irrevocable right exists before attempting to revoke a power of attorney.