Applicant Revocation - Application Filed On or After September 16, 2012

37 CFR 1.36  Revocation of power of attorney; withdrawal of patent attorney or

agent.

(a) A power of attorney, pursuant to §

1.32(b)

, may be revoked at any stage in the

proceedings of a case by the applicant or patent owner. A power of attorney

to the patent practitioners associated with a Customer Number will be

treated as a request to revoke any powers of attorney previously given.

Fewer than all of the applicants (or fewer than all patent owners in a

supplemental examination or reexamination proceeding) may revoke the power

of attorney only upon a showing of sufficient cause, and payment of the

petition fee set forth in §

1.17(f)

. A patent

practitioner will be notified of the revocation of the power of attorney.

Where power of attorney is given to the patent practitioners associated with

a Customer Number (§

1.32(c)(2)

), the

practitioners so appointed will also be notified of the revocation of the

power of attorney when the power of attorney to all of the practitioners

associated with the Customer Number is revoked. The notice of revocation

will be mailed to the correspondence address for the application (§

1.33

) in effect before the revocation. An assignment

will not of itself operate as a revocation of a power previously given, but

the assignee may become the applicant under §

1.46(c)

and revoke any previous power of attorney and

grant a power of attorney as provided in §

1.32(b)

.

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A power of attorney may be revoked only by the

applicant or patent owner. An assignee who is not the applicant may revoke a power of

attorney only if the assignee becomes the applicant per

37 CFR

1.46(c)

(which requires compliance with

37 CFR 3.71

and

3.73

).

If the power of attorney was granted by the originally

named inventive entity and an added inventor pursuant to §

1.48

does not

provide a power of attorney consistent with the power of attorney granted by the

originally named inventive entity, the addition of the inventor results in the loss

of that power of attorney upon grant of the §

1.48

request

requires compliance with

37 CFR 3.71

and

3.73

).

If the power of attorney was granted by the originally

named inventive entity and an added inventor pursuant to §

1.48

does not

provide a power of attorney consistent with the power of attorney granted by the

originally named inventive entity, the addition of the inventor results in the loss

of that power of attorney upon grant of the §

1.48

request. This provision does

not preclude a practitioner from acting pursuant to

37 CFR 1.34

, if

applicable. See

MPEP § 402.04

for information

pertaining to acting in a representative capacity.

A nonsigning inventor or legal representative may

subsequently join in the application by submitting an oath or declaration under

37 CFR

1.63

. However,

37 CFR 1.64(f)

provides that the

submission of an oath or declaration by a nonsigning inventor or legal representative

in an application filed under

37 CFR 1.43

,

1.45

or

1.46

will not permit the nonsigning inventor or legal

representative to revoke or grant a power of attorney.

See

MPEP §

402.02(a)

for appointment of a new power of attorney in an

application filed on or after September 16, 2012.

When an original power of attorney is filed giving power

of attorney to attorneys A, B, and C, and the same principal subsequently files

another power of attorney, giving power of attorney to D without revoking all prior

powers of attorney, the subsequently filed power of attorney will be treated as a

revocation of the original power of attorney. Similarly, if the applicant signed the

original power of attorney, and an assignee of the entire interest of the applicant

later takes action and files a new power of attorney, the original power of attorney

is revoked and replaced by the power of attorney filed by the assignee

of attorney, the subsequently filed power of attorney will be treated as a

revocation of the original power of attorney. Similarly, if the applicant signed the

original power of attorney, and an assignee of the entire interest of the applicant

later takes action and files a new power of attorney, the original power of attorney

is revoked and replaced by the power of attorney filed by the assignee. In addition,

if a power of attorney is given to the practitioners associated with a Customer

Number, and a (second) power of attorney is later received giving power of attorney

to patent practitioners associated with a different Customer Number, the second power

of attorney will be processed, with the first Customer Number being replaced with the

second. The power of attorney to the practitioners associated with the first Customer

Number is automatically revoked in this situation. In all of these situations, the

most recently filed power of attorney will control.