Can a patent practitioner appoint a substitute before their death?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 8 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. 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) Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse 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 Must Add Form Paragraph 4.03 in Office Actions After Practitioner Death MPEP 406 Recommended Examiner Should Not Suggest Patent Practitioner Without Patentable Subject Matter MPEP 401 Recommended Listing of Patent Practitioners Required MPEP 401 Examiner May Suggest Hiring Patent Attorney for Pro Se Applicants MPEP 401 Prohibited How to Get a List of Registered Patent Practitioners MPEP 401 Permitted 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 new patent practitioner be appointed after the death of the previous one?