What happens if there’s no practitioner of record when revoking a power of attorney?

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.

When revoking a power of attorney in a situation where there is no practitioner of record, special considerations apply. The MPEP 402.05 states:

‘If a power of attorney is revoked, and a new power of attorney is not promptly filed, then pursuant to 37 CFR 1.33(a) the correspondence address will be changed to that of the inventor(s) or assignee(s) who last provided a correspondence address.’

This means:

• The USPTO will change the correspondence address to that of the inventor(s) or assignee(s).
• The last provided correspondence address by the inventor(s) or assignee(s) will be used.
• All future communications from the USPTO will be sent to this address.
• It’s crucial to provide a new power of attorney or update the correspondence address promptly to ensure receipt of important communications.