How can a patent practitioner withdraw from representing a client in a patent application?
A registered patent attorney or agent who has been given a power of attorney may withdraw as attorney or agent of record by submitting a request to the USPTO. The process involves:
- Filing a request for withdrawal with the USPTO
- Obtaining approval from the Director of the USPTO
- Notifying the applicant or patent owner of the withdrawal
MPEP 402.06 states: “When filing a request to withdraw as attorney or agent of record, the patent attorney or agent should briefly state the reason(s) for which he or she is withdrawing so that the Office can determine whether to grant the request.”
The practitioner must also take steps to protect the client’s interests, such as giving reasonable notice and allowing time for the client to find new representation.
Topics:
MPEP 400 - Representative of Applicant or Owner,
MPEP 402 - Power of Attorney; Naming Representative,
Patent Law,
Patent Procedure