How can an attorney or agent withdraw from representing a client in a patent matter?

An attorney or agent who has been given power of attorney can withdraw by submitting a request to the USPTO. According to MPEP 402.06:

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“A registered patent attorney or patent agent who has been given a power of attorney pursuant to § 1.32(b) may withdraw as attorney or agent of record upon application to and approval by the Director.”

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The request should briefly state the reason(s) for withdrawal. If based on issues like lack of compensation, it’s recommended to cite “irreconcilable differences” to maintain client confidentiality. The withdrawal is effective when approved by the USPTO, not when received.

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Practitioners must take steps to protect the client’s interests when withdrawing, such as giving reasonable notice and allowing time to hire new counsel. The Request for Withdrawal As Attorney or Agent form (PTO/AIA/83) can be used.

For more information on patent representation, visit: patent representation.

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