What actions should a law firm take when a patent practitioner dies?
When a patent practitioner dies, the law firm should take the following actions:
- Promptly notify the USPTO’s Office of Enrollment and Discipline (OED) of the practitioner’s death.
- Inform clients with pending applications about the situation and the need to appoint a new representative.
- Assist clients in filing new powers of attorney or authorizations of agent for pending applications.
- Provide the USPTO with updated correspondence addresses for affected applications.
The MPEP 406 states: ‘When it is known that the attorney or agent of record in an application is deceased, the Office should be promptly notified.’ This notification helps ensure a smooth transition and continued proper handling of patent applications.
For more information on patent practitioner death, visit: patent practitioner death.
For more information on USPTO notification, visit: USPTO notification.
Topics:
MPEP 400 - Representative of Applicant or Owner,
MPEP 406 - Death of Patent Practitioner,
Patent Law,
Patent Procedure