How does attorney withdrawal affect pending patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Request for Withdrawal of Attorney or Agent MPEP 402.06 Permitted New Power of Attorney Required for Wrong Registration Number MPEP 402 Required Office Selects Official Correspondence Address MPEP 402 Revocation of Power of Attorney for Applications Filed on or After September 16, 2012 MPEP 402.06 Attorney or Agent Must Be Registered to Practice Before USPTO MPEP 402 Required Revocation of Power of Attorney Before September 16, 2012 MPEP 402.06 Invalid Power of Attorney Affects Correspondence Address MPEP 402 Patent Attorney or Agent Required for Design Patents MPEP 402 Permitted Practitioner Cannot Withdraw From Representation MPEP 402.06 Attorney or Agent May Only Act as Design Patent Practitioner MPEP 402 Permitted Other Related FAQs 5 FAQs Collapse How does the USPTO handle communication ...