How can I revoke a power of attorney in a patent application filed on or after 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.

To revoke a power of attorney in a patent application filed on or after September 16, 2012, you need to follow these steps:

• Submit a new power of attorney form (PTO/AIA/82) or a revocation form (PTO/AIA/83).
• The revocation must be signed by the applicant or patent owner.
• If using form PTO/AIA/82, check the box indicating revocation of all previous powers of attorney.

According to MPEP 402.02(a): “A power of attorney may be revoked only by the applicant or patent owner. An assignee who is not the applicant may revoke a power of attorney only if the assignee becomes the applicant per 37 CFR 1.46(c).”

It’s important to note that the revocation is not retroactive; it only takes effect when received by the USPTO.