How can an attorney or agent withdraw from a patent application before the Office of Patent Application Processing?
An attorney or agent can withdraw from representing a client in a patent application before the Office of Patent Application Processing (OPAP) by submitting a petition. The MPEP states:
“Petitions for the withdrawal of attorney or agent of record under 37 CFR 1.36 in patent applications involved in proceedings before the Office of Patent Application Processing.“
These petitions are decided by the Director of OPAP. The withdrawal process is governed by 37 CFR 1.36, which outlines the requirements for withdrawal of an attorney or agent.
When filing such a petition, the attorney or agent must provide reasons for the withdrawal and ensure that the client’s interests are protected. It’s important to note that the USPTO may require the practitioner to notify the client of the withdrawal and provide proof of such notification. The decision to grant the withdrawal is at the discretion of the USPTO, considering factors such as the stage of the proceedings and the potential impact on the applicant.
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