What is the process for revoking power of attorney during an interference proceeding?
The process for revoking power of attorney during an interference proceeding differs from the standard procedure. According to MPEP 402.08:
While an application is involved in an interference or derivation proceeding, any power of attorney of or revocation of power of attorney should be forwarded to the Patent Trial and Appeal Board for consideration.
To revoke power of attorney during an interference proceeding:
- Prepare the revocation document as you normally would.
- Instead of submitting it through regular channels, forward the revocation to the Patent Trial and Appeal Board (PTAB).
- The PTAB will consider the revocation within the context of the ongoing interference proceeding.
- Wait for the PTAB’s decision before considering the revocation effective.
This special handling ensures that changes in representation are properly managed within the complex context of an interference proceeding.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure