Is there a minimum time requirement for attorney withdrawal before a response deadline in patent proceedings?
No, there is no longer a minimum time requirement for attorney withdrawal before a response deadline in patent proceedings. The MPEP 2623 states:
“For a practitioner to withdraw from a patent and/or 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.”
Instead, the focus is on providing “reasonable notice” to the client, which should allow sufficient time for the client to seek new representation before any applicable response period expires.
To learn more:
Topics:
MPEP 2600 - Optional Inter Partes Reexamination,
MPEP 2623 - Withdrawal Of Attorney Or Agent,
Patent Law,
Patent Procedure