What steps must a practitioner take when terminating representation?
When terminating representation, a practitioner must take several steps to protect the client’s interests, as outlined in 37 CFR 11.116(d):
- Give reasonable notice to the client
- Allow time for the client to employ other counsel
- Surrender papers and property to which the client is entitled
- Refund any advance payment of fees or expenses that have not been earned or incurred
Additionally, the practitioner must comply with applicable laws requiring notice to or permission from a tribunal when terminating representation, as per 37 CFR 11.116(c).
The USPTO provides forms (PTO/SB/83 or PTO/AIA/83) that include a section for practitioners to certify the completion of these necessary activities. Practitioners can also file a Web-based e-petition for withdrawal.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure