What are the requirements for an attorney or agent to withdraw from a patent proceeding?

According to MPEP 2223, for a practitioner to withdraw from a patent and/or reexamination proceeding, they must certify that they have:

• Given reasonable notice to the client, prior to the expiration of the response period, of their intention to withdraw
• Delivered all papers and property (including funds) to which the client is entitled
• Notified the client of any responses that may be due and the time frame for response

The MPEP states: “Reasonable notice would allow a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period.” This ensures that the client’s interests are protected during the transition.

To learn more:

• attorney withdrawal
• patent proceedings
• client representation
• USPTO regulations