Is there a minimum time requirement for attorney withdrawal in patent proceedings?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

No, there is no longer a minimum time requirement for attorney withdrawal in patent proceedings. The MPEP 2223 states:

“For a practitioner to withdraw from a patent and/or a reexamination proceeding, the Office no longer requires that there be at least 30 days remaining in any running period for response between the approval of a request to withdraw from representation and the expiration date of any running period for response.”

However, practitioners must still provide “reasonable notice” to their clients, which should allow sufficient time for the client to find new representation before any response deadlines.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2223 - Withdrawal Of Attorney Or Agent Patent Law Patent Procedure
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