Can a patent practitioner appointed in the Application Data Sheet (ADS) withdraw from representation?
Can a patent practitioner appointed in the Application Data Sheet (ADS) withdraw from representation?
Yes, a patent practitioner appointed in the Application Data Sheet (ADS) can withdraw from representation, but there are specific procedures to follow:
- The practitioner must submit a request to withdraw.
- The request must comply with 37 CFR 1.36.
- The USPTO must approve the withdrawal.
According to MPEP 402.02(a): “A patent practitioner named in the Application Data Sheet may withdraw as attorney or agent of record upon application to and approval by the USPTO.”
It’s important to note that the practitioner remains responsible for the application until the USPTO approves the withdrawal. The applicant should ensure continuous representation to avoid missing important communications from the USPTO.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure