How does attorney withdrawal affect pending patent applications?
How does attorney withdrawal affect pending patent applications?
When an attorney withdraws from representation in a pending patent application, it can have several implications:
- The applicant becomes responsible for prosecuting the application.
- Official correspondence will be sent directly to the applicant.
- Deadlines and response periods remain in effect.
- The applicant may need to find new representation quickly.
According to MPEP 402.06:
“Where an attorney or agent of record withdraws from an application, the Office will communicate directly with the applicant, or with a new registered attorney or agent if a power of attorney is filed.”
It’s important for applicants to act promptly after attorney withdrawal to ensure continuity in their patent prosecution. If a new attorney is hired, a new power of attorney should be filed with the USPTO to ensure proper communication and representation.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure