What happens if an attorney dies or becomes legally incapacitated during patent proceedings?

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.

If an attorney dies or becomes legally incapacitated during patent proceedings, the following occurs:

• The power of attorney is automatically terminated
• The Office may require proof of incapacity
• The applicant must appoint a new attorney or act pro se

MPEP 2560 states, “The power of attorney of a deceased attorney is terminated when the Office is notified of the death.” Similarly, legal incapacity terminates the power of attorney. In such cases, the applicant or assignee must take action to continue prosecution of the patent application or maintenance of the patent.