Does an assignment automatically revoke a previous power of attorney in patent cases?
No, an assignment does not automatically revoke a previous power of attorney in patent cases. The MPEP 2560 clearly states: “It should be noted that an assignment does not act as a revocation of power of attorney for authorization previously given.” This means that even if the ownership of a patent or patent application changes, the existing power of attorney remains in effect unless explicitly revoked.
However, the section also notes that “the assignee may revoke a previous power of attorney.” This indicates that while the assignment itself doesn’t revoke the power of attorney, the new assignee has the authority to do so if they choose.
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Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2560 - Revocation Of Power Of Attorney And Withdrawal Of Attorney,
Patent Law,
Patent Procedure