What is considered a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants?
What is considered a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants?
The USPTO does not provide a specific definition of what constitutes a ‘good and sufficient reason’ to revoke a power of attorney by less than all applicants. According to MPEP 402.10:
A power of attorney may not be revoked by less than all of the applicants or owners of the entire interest without good and sufficient reason, and the revocation must be approved by the Director.
The determination of what qualifies as a ‘good and sufficient reason’ is made on a case-by-case basis by the Director of the USPTO. Some potential reasons could include:
- Evidence of misconduct or negligence by the current attorney
- Irreconcilable differences between the applicant(s) and the attorney
- Inability of the attorney to continue representation due to health issues or other circumstances
Applicants seeking to revoke a power of attorney with less than all signatures should provide a detailed explanation of their reasons for the request.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure