MPEP § 2804.01 — Withdrawal of Attorney or Agent (Annotated Rules)

§2804.01 Withdrawal of Attorney or Agent

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 2804.01, 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(d). Contains: 2 requirements, 1 prohibition, 1 guidance statement, 1 permission, and 1 other statement.

Key Rules

Topic

Correspondence Address Requirements

3 rules
StatutoryRequiredAlways
[mpep-2804-01-ad5870c538af9946d634c20e]
Correspondence Address Must Be Changed on Withdrawal
Note:
When a practitioner withdraws, they must request that all future correspondence be directed to the patent owner's address.

For a practitioner to withdraw from representation in a patent, supplemental examination proceeding, 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 and the expiration date of any running period for response. Instead, pursuant to 37 CFR 11.116(d), a practitioner must take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. “Reasonable notice” should allow for a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period. When the correspondence address changes as a result of the withdrawal, the withdrawing practitioner(s) must request that the Office direct all future correspondence to the patent owner of record. Practitioners may do so by specifying either the correspondence address of the patent owner, or the address associated with the Customer Number of the patent owner. Withdrawing practitioner(s) cannot change the correspondence address to the address associated with the Customer Number of another law firm, or to any address other than that of the patent owner of record. See MPEP §§ 402.06 and 2805.

Jump to MPEP Source · 37 CFR 11.116(d)Correspondence Address RequirementsCorrespondence with the OfficeCorrespondence Address
StatutoryPermittedAlways
[mpep-2804-01-f9a4732f0188b73754659974]
Patent Correspondence Address Change Requirement
Note:
Practitioners must specify the patent owner's address or Customer Number when changing correspondence addresses upon withdrawal from representation.

For a practitioner to withdraw from representation in a patent, supplemental examination proceeding, 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 and the expiration date of any running period for response. Instead, pursuant to 37 CFR 11.116(d), a practitioner must take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. “Reasonable notice” should allow for a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period. When the correspondence address changes as a result of the withdrawal, the withdrawing practitioner(s) must request that the Office direct all future correspondence to the patent owner of record. Practitioners may do so by specifying either the correspondence address of the patent owner, or the address associated with the Customer Number of the patent owner. Withdrawing practitioner(s) cannot change the correspondence address to the address associated with the Customer Number of another law firm, or to any address other than that of the patent owner of record. See MPEP §§ 402.06 and 2805.

Jump to MPEP Source · 37 CFR 11.116(d)Correspondence Address RequirementsCustomer Number PracticeCorrespondence with the Office
StatutoryProhibitedAlways
[mpep-2804-01-2f83d0f277f9e521c75d2e93]
Withdrawing Practitioner Must Use Patent Owner’s Address
Note:
A withdrawing practitioner must request that all future correspondence be directed to the patent owner of record and cannot change the address to another law firm's or any other address.

For a practitioner to withdraw from representation in a patent, supplemental examination proceeding, 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 and the expiration date of any running period for response. Instead, pursuant to 37 CFR 11.116(d), a practitioner must take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. “Reasonable notice” should allow for a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period. When the correspondence address changes as a result of the withdrawal, the withdrawing practitioner(s) must request that the Office direct all future correspondence to the patent owner of record. Practitioners may do so by specifying either the correspondence address of the patent owner, or the address associated with the Customer Number of the patent owner. Withdrawing practitioner(s) cannot change the correspondence address to the address associated with the Customer Number of another law firm, or to any address other than that of the patent owner of record. See MPEP §§ 402.06 and 2805.

Jump to MPEP Source · 37 CFR 11.116(d)Correspondence Address RequirementsCustomer Number PracticeCorrespondence with the Office
Topic

Maintenance Fee Amounts

2 rules
StatutoryRequiredAlways
[mpep-2804-01-cc401a3969dd0a332b3ac8dd]
Practitioner Must Protect Client Interests Upon Withdrawal
Note:
A practitioner must take reasonable steps to protect a client's interests when withdrawing from representation, including giving notice, allowing time for new counsel, and returning client property and fees.

For a practitioner to withdraw from representation in a patent, supplemental examination proceeding, 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 and the expiration date of any running period for response. Instead, pursuant to 37 CFR 11.116(d), a practitioner must take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. “Reasonable notice” should allow for a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period. When the correspondence address changes as a result of the withdrawal, the withdrawing practitioner(s) must request that the Office direct all future correspondence to the patent owner of record. Practitioners may do so by specifying either the correspondence address of the patent owner, or the address associated with the Customer Number of the patent owner. Withdrawing practitioner(s) cannot change the correspondence address to the address associated with the Customer Number of another law firm, or to any address other than that of the patent owner of record. See MPEP §§ 402.06 and 2805.

Jump to MPEP Source · 37 CFR 11.116(d)Maintenance Fee AmountsMaintenance Fee PaymentDetermining Expiration Date
StatutoryRecommendedAlways
[mpep-2804-01-a415314c6ebbb7c2ed3b3c2e]
Client Must Be Notified Before Response Period Ends
Note:
Practitioners must provide reasonable notice to clients before withdrawing from representation, allowing time for the client to find new counsel.

For a practitioner to withdraw from representation in a patent, supplemental examination proceeding, 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 and the expiration date of any running period for response. Instead, pursuant to 37 CFR 11.116(d), a practitioner must take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. “Reasonable notice” should allow for a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period. When the correspondence address changes as a result of the withdrawal, the withdrawing practitioner(s) must request that the Office direct all future correspondence to the patent owner of record. Practitioners may do so by specifying either the correspondence address of the patent owner, or the address associated with the Customer Number of the patent owner. Withdrawing practitioner(s) cannot change the correspondence address to the address associated with the Customer Number of another law firm, or to any address other than that of the patent owner of record. See MPEP §§ 402.06 and 2805.

Jump to MPEP Source · 37 CFR 11.116(d)Maintenance Fee AmountsPatent Term ExpirationPatent Term
Topic

Determining Expiration Date

1 rules
StatutoryInformativeAlways
[mpep-2804-01-f6020a2ef25a9f3a5e70f6bd]
No Minimum Days for Withdrawal from Patent Representation
Note:
Practitioners can withdraw from patent, supplemental examination, or reexamination representation without waiting at least 30 days if they take steps to protect client interests.

For a practitioner to withdraw from representation in a patent, supplemental examination proceeding, 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 and the expiration date of any running period for response. Instead, pursuant to 37 CFR 11.116(d), a practitioner must take steps to the extent reasonably practicable to protect a client’s interests, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment of fee or expense that has not been earned or incurred. “Reasonable notice” should allow for a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period. When the correspondence address changes as a result of the withdrawal, the withdrawing practitioner(s) must request that the Office direct all future correspondence to the patent owner of record. Practitioners may do so by specifying either the correspondence address of the patent owner, or the address associated with the Customer Number of the patent owner. Withdrawing practitioner(s) cannot change the correspondence address to the address associated with the Customer Number of another law firm, or to any address other than that of the patent owner of record. See MPEP §§ 402.06 and 2805.

Jump to MPEP Source · 37 CFR 11.116(d)Determining Expiration DatePatent Term ExpirationPatent Term

Citations

Primary topicCitation
Correspondence Address Requirements
Determining Expiration Date
Maintenance Fee Amounts
37 CFR § 11.116(d)
Correspondence Address Requirements
Determining Expiration Date
Maintenance Fee Amounts
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.

BlueIron Last Updated: 2025-12-31