What happens if an attorney or agent withdraws from representation in a patent application?

What happens if an attorney or agent withdraws from representation in a patent application?

When an attorney or agent withdraws from representation in a patent application, the following occurs:

  • The USPTO will correspond directly with the applicant until a new Power of Attorney or address change is filed.
  • The withdrawal is effective when approved by the Office, not when received.
  • The Office may require the applicant or assignee to revoke the previous Power of Attorney and appoint a new representative.

As stated in MPEP 402.06: ‘In the event the power of attorney is withdrawn, the Office will communicate directly with the applicant… until a new registered attorney or agent is appointed.’

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: Applicant Representation, Attorney Withdrawal, USPTO communication