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
Tags: Attorney Withdrawal, patent prosecution, pending applications, USPTO communication