What happens if a new power of attorney is filed listing only one of two previously appointed patent practitioners?

When a new power of attorney is filed that lists only one of two previously appointed patent practitioners, it has significant implications. According to MPEP 403.02:

“Note that if the later-filed power of attorney only lists the second practitioner, the later-filed power of attorney serves as a revocation of the earlier-filed power of attorney, even without an express revocation of the power of the first patent practitioner.”

This means that filing a new power of attorney listing only one practitioner effectively revokes the authority of the previously appointed practitioner, even if the revocation is not explicitly stated. This is an important consideration for applicants and practitioners when making changes to representation.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: Patent Practitioners, power of attorney, revocation, USPTO procedures