This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, a new patent practitioner can be appointed after the death of the previous one. The USPTO explicitly states in Form Paragraph 4.03: A new registered attorney or agent may be appointed. This allows the applicant or patent owner to ensure continued representation in patent matters following the death of their previous practitioner.

Examiner Must Add Form Paragraph 4.03 in Office Actions After Practitioner DeathMPEP 406Recommended
Patent Practitioner Cannot Appoint SubstituteMPEP 406Prohibited
Death Terminates Power of AttorneyMPEP 406
Copy of Office Action Sent to Appointer Upon Practitioner DeathMPEP 406
Examiner Should Not Suggest Patent Practitioner Without Patentable Subject MatterMPEP 401Recommended
Use Form Paragraph 13.03 in Notice of AllowabilityMPEP 1302.14
Use Form Paragraph to Withdraw RejectionMPEP 1207.02
Form Paragraph 13.03 for Reasons of AllowanceMPEP 1302.14Permitted
Form Paragraph for Office Action Prior to AllowanceMPEP 1302.14
Office Action Must Contain Form Paragraph 13.04MPEP 1308.03Recommended

How does the USPTO handle correspondence after a sole patent practitioner’s death?
Who receives USPTO correspondence after a patent practitioner’s death?
What is Form Paragraph 4.03 used for in USPTO Office actions?
What happens to a patent practitioner’s power of attorney when they die?
Can a patent practitioner appoint a substitute before their death?

Topics: MPEP 400 – Representative of Applicant or Owner MPEP 406 – Death of Patent Practitioner Patent Law Patent Procedure

Tags: Citation Of References, Poa Requirements

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