Can a new patent practitioner be appointed after the death of the previous one?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance 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. Yes, a new patent practitioner can be appointed after the death of the previous one. The USPTO explicitly states in Form Paragraph 4.03: A new registered attorney or agent may be appointed. This allows the applicant or patent owner to ensure continued representation in patent matters following the death of their previous practitioner. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Must Add Form Paragraph 4.03 in Office Actions After Practitioner Death MPEP 406 Recommended Patent Practitioner Cannot Appoint Substitute MPEP 406 Prohibited Death Terminates Power of Attorney MPEP 406 Copy of Office Action Sent to Appointer Upon Practitioner Death MPEP 406 Examiner Should Not Suggest Patent Practitioner Without Patentable Subject Matter MPEP 401 Recommended Use Form Paragraph 13.03 in Notice of Allowability MPEP 1302.14 Use Form Paragraph to Withdraw Rejection MPEP 1207.02 Form Paragraph 13.03 for Reasons of Allowance MPEP 1302.14 Permitted Form Paragraph for Office Action Prior to Allowance MPEP 1302.14 Office Action Must Contain Form Paragraph 13.04 MPEP 1308.03 Recommended Other Related FAQs 5 FAQs Collapse How does the USPTO handle correspondence after a sole patent practitioner&#8217;s death? Who receives USPTO correspondence after a patent practitioner&#8217;s death? What is Form Paragraph 4.03 used for in USPTO Office actions? What happens to a patent practitioner&#8217;s power of attorney when they die? Can a patent practitioner appoint a substitute before their death?