What are the time constraints for filing a request to withdraw as a patent practitioner?
The timing of filing a request to withdraw as a patent practitioner is crucial. According to the MPEP:
- The USPTO will review and decide on withdrawal requests filed before the expiration of a time period for reply or before the expiration of a time period that can be extended under 37 CFR 1.136(a).
- Requests filed after these deadlines will be placed in the application file but will not be treated on their merits.
- Revocations of power of attorney filed after these deadlines will also simply be placed in the application file, with the exception of those accompanied by a petition to revive.
It’s important to note that the USPTO may render a decision on a timely filed request even after the stated period for reply, after the application is abandoned, or after proceedings have terminated.
For reexamination proceedings, practitioners should refer to MPEP § 2223 for specific guidance on withdrawal.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure