37 CFR § 11.116 — Declining or terminating (MPEP Coverage Index) – BlueIron IP
37 CFR § 11.116 Declining or terminating
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 11.116, including 44 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
37 CFR 11.116 establishes the procedural and ethical framework for attorneys and agents to professionally withdraw from patent and reexamination proceedings.
What this section covers
- Formal process for an attorney or agent to withdraw from a patent or reexamination proceeding
- Professional obligations of practitioners when discontinuing representation
Key obligations
- Require each attorney of record to sign the withdrawal notice or provide clear joint signing indication
- Take reasonable steps to protect the client's interests during withdrawal
- Provide sufficient notice and opportunity for client transition
Practice notes
- Maintain clear communication with the client throughout the withdrawal process
- Document all steps taken to protect the client's interests
Official MPEP § 11.116 — Declining or terminating
Source: USPTOLast Modified: 10/30/2024 08:50:22
11.116 Declining or terminating representation.
- (a) Except as stated in paragraph (c) of
this section, a practitioner shall not represent a client, or where
representation has commenced, shall withdraw from the
representation of a client if:
- (1) The representation will result in violation of the USPTO Rules of Professional Conduct or other law;
- (2) The practitioner’s physical or mental condition materially impairs the practitioner’s ability to represent the client; or
- (3) The practitioner is discharged.
- (b) Except as stated in paragraph (c) of
this section, a practitioner may withdraw from representing a
client if:
- (1) Withdrawal can be accomplished without material adverse effect on the interests of the client;
- (2) The client persists in a course of action involving the practitioner’s services that the practitioner reasonably believes is criminal or fraudulent;
- (3) The client has used the practitioner’s services to perpetrate a crime or fraud;
- (4) A client insists upon taking action that the practitioner considers repugnant or with which the practitioner has a fundamental disagreement;
- (5) The client fails substantially to fulfill an obligation to the practitioner regarding the practitioner’s services and has been given reasonable warning that the practitioner will withdraw unless the obligation is fulfilled;
- (6) The representation will result in an unreasonable financial burden on the practitioner or has been rendered unreasonably difficult by the client; or
- (7) Other good cause for withdrawal exists.
- (c) A practitioner must comply with applicable law requiring notice to or permission of a tribunal when terminating a representation. When ordered to do so by a tribunal, a practitioner shall continue representation notwithstanding good cause for terminating the representation.
- (d) Upon termination of representation, a practitioner shall 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. The practitioner may retain papers relating to the client to the extent permitted by other law.
[Added 78 FR 20180, Apr. 3, 2013, effective May 3, 2013]
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- Aia Overview
- Assignment Ownership
- Assignee Rights
- Assignee Post Aia
- Correspondence Address
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- Director Authority
- Common Petition Types
- Duty Of Disclosure
- Disclosure Basics
- Maintenance Fee Late
- Application Revival
- Maintenance Fee Payment
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- Patent Term
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- Power Of Attorney
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- Signature Requirements
- Signature Practitioner
| MPEP Section | Rules |
|---|---|
| MPEP § 1808 | |
| MPEP § 2223 | |
| MPEP § 2804.01 | |
| MPEP § 402.06 |