Can a patent practitioner appoint a substitute before their death?
No, a patent practitioner cannot appoint a substitute whose power would survive their own death. The MPEP clearly states: 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.
(MPEP 406)
Topics:
MPEP 400 - Representative of Applicant or Owner,
MPEP 406 - Death of Patent Practitioner,
Patent Law,
Patent Procedure