[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR1.36]

[Page 42]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 1_RULES OF PRACTICE IN PATENT CASES--Table of Contents
 
                Subpart B_National Processing Provisions
 
Sec. 1.36  Revocation of power of attorney; withdrawal of patent attorney or agent.

    (a) A power of attorney, pursuant to Sec. 1.32(b), may be revoked 
at any stage in the proceedings of a case by an applicant for patent 
(Sec. 1.41(b)) or an assignee of the entire interest of the applicant, 
or the owner of the entire interest of a patent. 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 of the assignees of 
the entire interest of the applicant or, in a reexamination proceeding, 
fewer than all the owners of the entire interest of a patent) may revoke 
the power of attorney only upon a showing of sufficient cause, and 
payment of the petition fee set forth in Sec. 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 (Sec. 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 (Sec. 
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 of 
the entire interest of the applicant may revoke previous powers of 
attorney and give another power of attorney of the assignee's own 
selection as provided in Sec. 1.32(b).
    (b) A registered patent attorney or patent agent who has been given 
a power of attorney pursuant to Sec. 1.32(b) may withdraw as attorney 
or agent of record upon application to and approval by the Director. The 
applicant or patent owner will be notified of the withdrawal of the 
registered patent attorney or patent agent. Where power of attorney is 
given to the patent practitioners associated with a Customer Number, a 
request to delete all of the patent practitioners associated with the 
Customer Number may not be granted if an applicant has given power of 
attorney to the patent practitioners associated with the Customer Number 
in an application that has an Office action to which a reply is due, but 
insufficient time remains for the applicant to file a reply. See Sec. 
41.5 of this title for withdrawal during proceedings before the Board of 
Patent Appeals and Interferences.

[69 FR 49997, Aug. 12, 2004, as amended at 70 FR 56128, Sept. 26, 2005]

                       Who May Apply for a Patent