What is the difference in power of attorney revocation between pre-AIA and post-AIA applications?

The main difference in power of attorney revocation between pre-AIA (before September 16, 2012) and post-AIA (on or after September 16, 2012) applications lies in who can sign the power of attorney and the process for revocation:

• Post-AIA (on or after September 16, 2012): The power of attorney must be signed by the applicant or patent owner. For an assignee to revoke a power of attorney, they must first become the applicant under 37 CFR 1.46(c).
• Pre-AIA (before September 16, 2012): The assignee of record of the entire interest can revoke the power of attorney of the applicant directly, provided they establish their right to take action under pre-AIA 37 CFR 3.73(b).

This change reflects the shift in USPTO regulations to give more control to the applicant in post-AIA applications, while pre-AIA rules allowed more direct action by assignees.

To learn more:

• pre-AIA
• post-AIA
• power of attorney
• assignee
• patent application
• revocation