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[PaigeAttorney]

I have a file that was transferred to my law firm mid-prosecution from an in house patent agent.  A response to an office action is due in 2 months.  Can a patent agent sign a revocation of power of attorney form?  Or should a new POA be filed to revoke the previous filed POA.  There seems to be some concern with 37 CFR 1.36(a).  Any suggestions on how to best handle the POA situation?

If need be I can file a response using 37 CFR 1.34 but really want to get a POA on file with a customer number so all correspondence and ability to pay issue fees is through my firm.

[smgsmc]

I just went through this.  You file PTO/SB/81 "Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address".  The form was just updated in July, so make sure you download the latest one from the USPTO website.  There are two people who can sign:  (1)Applicant/Inventor OR (2) Assignee of record of the entire interest.  Since you are dealing with an in-house patent agent, I assume that the inventor was or is working for a company.  In which case he most likely assigned his rights to the company.  If so, you need to find out who in the company is authorized to sign on behalf of the company.  That person then needs to fill out PTO/SB/96 "Statement under 37 CFR 3.73(b)" stating that he is authorized to act on behalf of the assignee.  You file both forms together.  I don't know what happens though if there are multiple assignees.  If that's your case, someone else on this board may have the answer.

[PaigeAttorney]

thank you so much.  And, yes, unfortunately there are 2 different assignees!!!   help!  anyone?