How long does an attorney-client relationship last in patent matters?
MPEP 2622 addresses the duration of attorney-client relationships in patent matters, stating:
“As a general rule, the attorney-client relationship terminates when the purpose for which the attorney was employed is accomplished; e.g., the issuance of a patent to the client.“
However, the section also notes that attorneys have ongoing responsibilities even after the formal relationship ends. Under 37 CFR 11.104, practitioners should inform clients or former clients of correspondence that could significantly affect a matter pending before the USPTO, is received on behalf of the client, and is something a reasonable practitioner would believe the client should know about.
This ongoing duty ensures that former clients are not disadvantaged by lack of information about important patent-related communications, even after the primary attorney-client relationship has concluded.
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