Can a patent practitioner appoint a substitute to take over after their death?

No, a patent practitioner cannot appoint a substitute to take over their cases after death. The MPEP 406 clearly states: “The patent practitioner may not appoint a ‘substitute’ and any attempt by the patent practitioner to appoint a ‘substitute’ patent practitioner whose power is intended to survive his or her own will not be recognized by the Office.” This means that any arrangements made by a practitioner for a substitute after their death will not be valid in the eyes of the USPTO.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO policy, visit: USPTO policy.