MPEP § 406 — Death of Patent Practitioner (Annotated Rules)
§406 Death of Patent Practitioner
This page consolidates and annotates all enforceable requirements under MPEP § 406, 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.
Death of Patent Practitioner
This section addresses Death of Patent Practitioner. Contains: 1 prohibition, 1 guidance statement, and 2 other statements.
Key Rules
Power of Attorney Requirements
The power of attorney of a patent practitioner will be revoked or terminated by his or her death. The patent practitioner may not appoint a “substitute” and any attempt by the patent practitioner to appoint a “substitute” patent practitioner whose power is intended to survive his or her own will not be recognized by the Office.
The power of attorney of a patent practitioner will be revoked or terminated by his or her death. The patent practitioner may not appoint a “substitute” and any attempt by the patent practitioner to appoint a “substitute” patent practitioner whose power is intended to survive his or her own will not be recognized by the Office.
Examiner's Action (37 CFR 1.104)
If notification of the death of the sole practitioner of record is received by the Office, correspondence continues to be held with the office of the deceased practitioner but a copy of the Office action is also mailed to the person who originally appointed the practitioner. In such an Office action, the examiner should add form paragraph 4.03.
Form Paragraph Usage
If notification of the death of the sole practitioner of record is received by the Office, correspondence continues to be held with the office of the deceased practitioner but a copy of the Office action is also mailed to the person who originally appointed the practitioner. In such an Office action, the examiner should add form paragraph 4.03.
Examiner Form Paragraphs
Examiner form paragraphs are standard language that you might see in an Office Action or communication from the USPTO. Examiners have latitude to change the form paragraphs, but you will often see this exact language.
Notice of the death of the attorney or agent of record has come to the attention of this Office. Since the power of attorney is therefore terminated, this action is being mailed to the office of the patent practitioner and to the party who originally appointed the deceased patent practitioner. A new registered attorney or agent may be appointed.
Citations
| Primary topic | Citation |
|---|---|
| Examiner's Action (37 CFR 1.104) Form Paragraph Usage | Form Paragraph § 4.03 |
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 § 406 — Death of Patent Practitioner
Source: USPTO406 Death of Patent Practitioner [R-11.2013]
The power of attorney of a patent practitioner will be revoked or terminated by his or her death. The patent practitioner may not appoint a “substitute” and any attempt by the patent practitioner to appoint a “substitute” patent practitioner whose power is intended to survive his or her own will not be recognized by the Office.
If notification of the death of the sole practitioner of record is received by the Office, correspondence continues to be held with the office of the deceased practitioner but a copy of the Office action is also mailed to the person who originally appointed the practitioner. In such an Office action, the examiner should add form paragraph 4.03.
¶ 4.03 Death of Patent Practitioner
Notice of the death of the attorney or agent of record has come to the attention of this Office. Since the power of attorney is therefore terminated, this action is being mailed to the office of the patent practitioner and to the party who originally appointed the deceased patent practitioner. A new registered attorney or agent may be appointed.
Note MPEP § 405.