MPEP § 2223 — Withdrawal of Attorney or Agent (Annotated Rules)
§2223 Withdrawal of Attorney or Agent
This page consolidates and annotates all enforceable requirements under MPEP § 2223, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Withdrawal of Attorney or Agent
This section addresses Withdrawal of Attorney or Agent. Primary authority: 37 CFR 11.116. Contains: 1 requirement and 2 other statements.
Key Rules
Determining Expiration Date
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. Instead, pursuant to 37 CFR 11.116, the Office requires the practitioner(s) to certify that he, she or they have: (1) given reasonable notice to the client, prior to the expiration of the response period, that the practitioner(s) intends to withdraw from employment; (2) delivered to the client or a duly authorized representative of the client all papers and property (including funds) to which the client is entitled; and (3) notified the client of any responses that may be due and the time frame within which the client must respond. “Reasonable notice” would allow a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period. See also MPEP § 402.06.
Patent Term Expiration
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. Instead, pursuant to 37 CFR 11.116, the Office requires the practitioner(s) to certify that he, she or they have: (1) given reasonable notice to the client, prior to the expiration of the response period, that the practitioner(s) intends to withdraw from employment; (2) delivered to the client or a duly authorized representative of the client all papers and property (including funds) to which the client is entitled; and (3) notified the client of any responses that may be due and the time frame within which the client must respond. “Reasonable notice” would allow a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period. See also MPEP § 402.06.
Maintenance Fee Amounts
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. Instead, pursuant to 37 CFR 11.116, the Office requires the practitioner(s) to certify that he, she or they have: (1) given reasonable notice to the client, prior to the expiration of the response period, that the practitioner(s) intends to withdraw from employment; (2) delivered to the client or a duly authorized representative of the client all papers and property (including funds) to which the client is entitled; and (3) notified the client of any responses that may be due and the time frame within which the client must respond. “Reasonable notice” would allow a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period. See also MPEP § 402.06.
Citations
| Primary topic | Citation |
|---|---|
| Determining Expiration Date Maintenance Fee Amounts Patent Term Expiration | 37 CFR § 11.116 |
| Determining Expiration Date Maintenance Fee Amounts Patent Term Expiration | MPEP § 402.06 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2223 — Withdrawal of Attorney or Agent
Source: USPTO2223 Withdrawal of Attorney or Agent [R-10.2019]
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. Instead, pursuant to 37 CFR 11.116, the Office requires the practitioner(s) to certify that he, she or they have: (1) given reasonable notice to the client, prior to the expiration of the response period, that the practitioner(s) intends to withdraw from employment; (2) delivered to the client or a duly authorized representative of the client all papers and property (including funds) to which the client is entitled; and (3) notified the client of any responses that may be due and the time frame within which the client must respond. “Reasonable notice” would allow a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period. See also MPEP § 402.06.
A sample form for a request by an attorney or agent of record to withdraw from a patent is set forth below.
