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

According to MPEP 2623, for a practitioner to withdraw from a patent and/or reexamination proceeding, they must comply with 37 CFR 11.116. The practitioner(s) must certify that they have:

• Given reasonable notice to the client, prior to the expiration of the response period, of their intention to withdraw from employment
• 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 within which the client must respond

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.”

To learn more:

• attorney withdrawal
• patent reexamination
• practitioner requirements
• client notification
• reasonable notice